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Sample records for international criminal court

  1. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

  2. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

    Page | 29. EBOIBI: Jurisdiction of The International Criminal Court: Analysis, Loopholes and Challenges ... as it may be affected by the effects or passage of time. The right to ... force, the Court may exercise its jurisdiction only with ..... Statute that core criminal cases will be decided by a political body, the Security Council.

  3. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...

  4. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

    Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

  5. An International Criminal Court of Public Opinion

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan

    2012-01-01

    In recent months, South Africa, Burundi and the Gambia have terminated their membership of the International Criminal Court (ICC). Observers and academics alike have narrowly portrayed this walkout as an ‘African’ exodus and an ‘African’ problem. But what about Vladimir Putin’s ‘unsigning’ of the Ro

  6. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...... be settled according to each court’s constituent document and other relevant sources of law, depending on the legal system to which this document belongs....

  7. Commentary (Victim Participation in the International Criminal Court)

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

  8. Will the International Criminal Court Investigate Mexico's "Drug War"?

    OpenAIRE

    Pérez Caballero, Jesús

    2014-01-01

    The violence of Mexico's so-called "war on drugs" has caught the attention of the international community, with calls for the International Criminal Court (ICC) to turn its attention to the country. If they're successful, high-level government officials - or even leaders of drug trafficking organizations - may be prosecuted in the Hague. But it's a difficult road ahead.

  9. Comparative study of victims' participation in special international criminal tribunals and the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Mohsen Lal alizadeh

    2015-12-01

    Full Text Available In special criminal tribunals before the establishment of the Court, in the first generation of tribunals, Nuremberg and Tokyo, Unfortunately, not only is there any notes to the rights and protections of victims, but also no mention of the term "victim" is seen. In the second generation trials, the former Yugoslavia, Rwanda and Sierra Leone, although there were some improvements compared to previous courts, but they did not dedicate a place more than witnesses to victims. International Criminal Court, influenced by the developments and experiences from previous international tribunals, has considered relatively broad participatory rights for victims in different stages and with different forms. Despite high limitations in victims' participation, the court jurisprudence has supported a broad interpretation of participatory rights. However, the judges are generally determining the deadlines, procedures and participation.

  10. The International Criminal Court: a New International Instrument against Impunity

    Directory of Open Access Journals (Sweden)

    Xabier Deop

    2000-12-01

    Full Text Available Summary: On July 17, 1998 in Rome, the creation of an International Criminal Court (ICC was approved, its Statute to go into effect on ratification by 60 states. The ICC would have jurisdiction in judging the crime of aggression, the crime of genocide, crimes against humanity and crimes of war. This article presents the fundamental aspects of the ICC Statute with particular attention to the crimes placed under the Court’s jurisdiction, the carrying out of investigations of possible crimes, the rights of suspects and those charged with crimes, and sentencing. In conclusion, despite certain notable shortcomings, its very creation can be said to represent an important step against the impunity of the most serious international crimes.

  11. Commentary (Victim Participation in the International Criminal Court)

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking......Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... that have firmly established practices in dealing with victims and were largely followed by other chambers. Although the jurisprudence has received a mixed bag of reviews in professional and academic circles, it is important to highlight the contribution of the judges to the interpretation of the victim...

  12. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

    Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

  13. Withdrawal from the International Criminal Court: Does Africa have ...

    African Journals Online (AJOL)

    has published a number of peer-reviewed articles on military law, international law and ... Keywords: ICC, African Union, African Court of Justice and Human. Rights ... Tobago's motion to combat drugs and trafficking through the establishment.

  14. Challenges of the International Criminal Court in the cooperation with the States

    Directory of Open Access Journals (Sweden)

    Carolina Anello

    2014-03-01

    Full Text Available International cooperation is one of the main pillars on which the performance of the International Criminal Court is based. The experience, in particular, in the situ- ations referred by the Security Council of the United Nations, allows seeing the dif- ficulties derivates from the denial of States to cooperate with the Court. This paper analyzes the causes for which this breach occurs and what measures are proposed to strengthen cooperation with the Court as a precondition for effective action.

  15. Children and the International Criminal Court : analysis of the Rome Statute through a children's rights perspective

    NARCIS (Netherlands)

    Chamberlain Bolaños, Cynthia

    2014-01-01

    This research offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children’s rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children’s rights standards, particularly as regards the

  16. Electronic Courts and the Challenges in Managing Evidence. A View From Inside The International Criminal Court

    Directory of Open Access Journals (Sweden)

    Mark Patrick Dillon

    2014-06-01

    Full Text Available Many courts face challenges dealing with large volumes of electronic evidence. Innovative solutions are in place, but challenges remain for those who manage our courts. Some of the international tribunals have embraced new technologies. High staff turnover leads to a knowledge drain and mobile devices which generate a significant amount of meta-data are issues that need to be addressed.

  17. The continuing story of the International Criminal Court and personal immunities

    NARCIS (Netherlands)

    van der Wilt, H.

    2015-01-01

    The International Criminal Court has issued a warrant of arrest for the arrest and surrender of the incumbent president of Sudan, AlBashir, holding that his current position as Head of State is not an obstacle for the Court’s jurisdiction. After Chad and Malawi had refused to surrender Al Bashir, th

  18. Drug Trafficking: A crime against humanity in the Rome Statue of the International Criminal Court?

    Directory of Open Access Journals (Sweden)

    Salvador Cuenca Curbelo

    2014-03-01

    Full Text Available Drug trafficking is a criminal activity that has become an international problem of growing magnitude. In some regions it is an emerging source of instability that threatens to jeopardize international security. Given the danger of this phenome- non, some states have tried to make acts of drug trafficking fall within the jurisdic- tion of an international criminal court. Although no agreement about its inclusion in the Rome Statute of the International Criminal Court was finally reached, the possibility of qualifying such acts as crimes against humanity has been raised from different fronts. This would allow their investigation or prosecution by the Inter- national Criminal Court itself. This paper analyses to what extent criminal orga- nizations involved in drug trafficking can fulfill the contextual elements of crimes against humanity as defined by the Rome Statute and, if so, to what extent acts of drug trafficking, despite not being expressly included in the Rome Statute, can be considered as “other inhumane acts” of a similar character to the acts referred to in Article 7 (1 of the Rome Statute.

  19. Authorship in cases of organized irresponsibility: a proposal for systematization of the criteria of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

    Full Text Available Established in 2002, the International Criminal Court was the first permanent court with jurisdiction to investigate and judge crimes against humanity. Although recent, the Court has a significant number of precedent cases, in which it has set criteria to define perpetrators and acessories. The critical evaluation of the choices of a Court depends firstly on having a general view of which are those choices. This essay analy- ses and systematizes, by a decision diagram, the criteria established in the precedents of the International Criminal Court to define perpetrators and acessories.

  20. Hostile Outsider or Influential Insider? The United States and the International Criminal Court

    Science.gov (United States)

    2007-03-28

    international humanitarian law. Attempts to limit the behavior of military forces in war can be traced back hundreds of years.” Victoria K. Holt and...16 June 2003—is Luis Moreno Ocampo of Argentina. His Deputy Prosecutor for Investigations is from Belgium, and his Deputy Prosecutor for...Moreno- Ocampo , Chief Prosecutor, International Criminal Court, (in a letter with no title to multiple unnamed addressees), The 36 Hague, 9 February

  1. Environmental Crimes in Military Actions and the International Criminal Court (ICC)-United Nations Perspectives

    Science.gov (United States)

    2002-05-01

    about 20 million cubic meters of contaminated soil” and the marine environment – particularly the coral reefs — has still not recovered from the oil...March 2000 Republic of Moldova 8 September 2000 Romania 7 July 1999 Russian Federation 13 September 2000 Samoa 17 July 1998 San Marino 18 July... Marino - the Most Excellent Captain Regents of the Republic of San Marino "San Marino is committed to the International Criminal Court, it has

  2. The International Criminal Court. reflections for a stress test on its foundations

    Directory of Open Access Journals (Sweden)

    Mateus Kowalski

    2011-01-01

    Full Text Available The constitution of the ICC in 2002 represents the ultimate example of the evolution of international criminal justice. The Court is referred to as a paradigmatic institution of the universalist concept of International Law, which envisages an enhanced international public order and which falls within the broader framework of the dominant liberal construct that currently characterizes both International Law and International Relations. However, the criticisms of universalism, in particular as regards the impositions of global liberal institutions and regulatory standards, are also reflected on the ICC. In particular, it has been met with several essential criticisms, such as its dependence on the Security Council, suggesting political interference in a criminal court, or the fact that until now only issues pertaining to Africa have been submitted to the Court, which in turn leads to suspicion about their selectivity. These are the criticisms that undermine the foundations of the ICC.At a time when the Court has not yet concluded any trial, and when there is still some scepticism about the success of its mission, knowing what to expect from the ICC in its task of crime preventing and retribution and building peace depends largely on the strength of its theoretical foundations. It is argued that despite the seemingly solid support discourse rooted in universalism, the answers advanced by this theory are not fully satisfactory due largely to the structural weaknesses that characterise it. This article seeks to offer food for thought on the subject and starts by gauging the competence of legal universalism to support “its” ICC with regard to these issues. It then identifies the aspects that can be addressed in within a more complex context, such as critical theory, which may contribute to the development of a discourse that grants the Court greater theoretical sustainability.

  3. The International Criminal Court at the mercy of powerful states: How the Rome Statute promotes legal neo-colonialism

    NARCIS (Netherlands)

    Schuerch, R.J.

    2016-01-01

    The International Criminal Court (ICC), since putting focus on African situations and cases and in particular following the Al-Bashir indictment, became the target of criticism by the political establishments of many African states which repeatedly labelled the Court an agent of powerful states

  4. The role of victims at the International Criminal Court : legal challenges from the tension between restorative and retributive justice

    NARCIS (Netherlands)

    Zago, G.

    2014-01-01

    The work of the International Criminal Court is characterized by a diversity of legal goals: indeed, its purpose is not limited to the fulfillment of a classic retributive scope, by punishing the accused for the commission of crimes within the Court's jurisdiction, but it also intends to achieve a r

  5. The International Criminal Court and the Place of Africa in International Justice System

    Directory of Open Access Journals (Sweden)

    Juliet Amarachi Ofodeme

    2015-11-01

    Full Text Available Human rights have been flouted indiscriminately and deliberately in the international system. To that effect, the ICC was established to ensure that perpetrators of massive and systematic violations of human rights are brought to justice in the international system. The aim of this paper is to examine the effectiveness of the International Criminal Court in the discharge of its mandate in the global system. The central argument in the paper is that the ICC has made significant progress in the prosecution of some cases, but all in Africa. Meanwhile, there are cases within its jurisdiction that have been ignored in other parts of the world, especially when advanced countries are involved. Neoliberalism was adopted as the theoretical framework. The study adopted secondary method of data collection. The data was content analyzed. It was established that the ICC is faced with challenges and that the long term viability depends on how successfully it overcomes its challenges. This study advocates for: first, fairness in the UNSC referrals.  Second, America’s taming of its unilateralism. Third, financial contributions without string attached. Fourth, United States ratification of the Rome Treaty; and fifth, ICC prosecution of all the cases within its jurisdiction in every part of the globe.

  6. Human Trafficking and the Rome Statute of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    CLARE FRANCES MORAN

    2014-12-01

    Full Text Available The case for extending the reach of the Rome Statute to the crime of human trafficking has not yet been made in detail. The brutality which occurs when human beings are trafficked by criminal gangs is of an equally egregious nature as the other crimes covered by the Rome Statute and yet it does not fall within the remit of the International Criminal Court. Such trafficking may also fall outwith the definition of slavery as a crime against humanity, particularly given the State policy threshold set by the Statute. This paper seeks to explore the viability of the inclusion of human trafficking as a discrete international crime within the Rome Statute as a response to this loophole.

  7. Recognising Victimhood: Lessons from the International Criminal Court and Mass Claim Programmes for the Compensation Procedure Parallel to the Trial of International Crimes in the Netherlands

    NARCIS (Netherlands)

    Janssen., P.; Kool, R.S.B.|info:eu-repo/dai/nl/162629524

    In the Netherlands, the Dutch criminal court in The Hague (hereinafter: ‘Netherlands International Crimes Court’ or ‘NIC court’) is assigned to try international crimes, and to provide compensation to victims of such crimes. Whereas it has specific criminal laws at its disposal to try international

  8. OPTIMALISASI PERAN INTERNATIONAL CRIMINAL COURT DAN APLIKASI AKSI KEMANUSIAAN SEBAGAI INISIASI PENYELESAIAN KASUS ETNIS ROHINGYA

    Directory of Open Access Journals (Sweden)

    Ayub Torry Satrio K

    2014-09-01

    Full Text Available Rohingya is an ethnic in Myanmar which becomes victim of human rights violation by the un-recognition of the ethnic citizenship. They also undergo several treatments which lead to genocide trials. The government of Myanmar did not take any optimal action in order to bring this problem to an end. There are three action proposed in this writings to initiate a problem solving, i.e.: a case settlement with the act of International Criminal Court based on Rome Statute 1998; a humanitarian action as a step regarding the government failure in overcoming the humanitarian crisis on the ethnic of Rohingya; and an application of hu-man security concept in order to bring back the security of Rohingya people. Those actions can be carried out through the mechanism of international organization such as UN and its derivative bodies; or through the mechanism of regional bodies where Myanmar is one of the member, ASEAN.

  9. The growing rift between Africa and the International Criminal Court : The curious (im)possibility of a Security Council deferral

    NARCIS (Netherlands)

    Knottnerus, Abel; Lavranos, Nikos; Kok, Ruth

    2014-01-01

    Article 16 of the Rome Statute authorizes the United Nations Security Council to defer investigations and prosecutions of the International Criminal Court (ICC) for a renewable period of twelve months. In its decision of 12 October 2013, the Assembly of the African Union called upon the Security Cou

  10. The stormy waters of the International Criminal Court: universal fight against impunity or liberal universalization?

    Directory of Open Access Journals (Sweden)

    Mateus Kowalski

    2014-05-01

    Full Text Available The universalistic dimension of the International Criminal Court's (ICC nature and function is clear. Yet, this dimension must be thoroughly defined. We must ask ‘what universalism’? A rational approach to international social relations is different from an ethical one. While the rational approach may lead to universalization of localized specific moral models (e.g. the liberal Western model promoting its hegemony, the ethical approach promotes diversity through considering non-reducible differences and common human phenomena in which only a minimal common ethics is universal. This paper argues that the answer to this structural question is crucial to understand if the ICC is essentially a hegemonic tool to expand the predominant Western liberal model or rather a mechanism to fight impunity acknowledging diversity and rooted on an ethical concern. We contend that the ICC is immersed in troubled waters where it is not always possible to separate a universalizing Western liberal approach from an ethical universal approach. Nevertheless, we conclude that the Court, even if partially and at times serves as tool for hegemony, is essentially defined by the universalization of the fight against impunity through reference to a minimal common ethics.

  11. Does the involvement of global civil society make international decision-making more democratic? The case of the International Criminal Court

    NARCIS (Netherlands)

    Glasius, M.

    2008-01-01

    The negotiation and contents of the Statute for an International Criminal Court (ICC) were strongly influenced by global civil society actors. After examining definitions of global civil society, this article will consider whether and why such involvement of non-governmental actors in international

  12. The International Criminal Court on Presence at Trial : the (in)validity of Rule 134quater’

    NARCIS (Netherlands)

    Knottnerus, Abel

    2014-01-01

    In November 2013, the ICC’s Assembly of States Parties adopted Rule 134quater as an amendment to the Rules of Procedure and Evidence of the Court. With the trials of Uhuru Kenyatta and William Ruto in mind, the States Parties agreed that the Trial Chamber should be able to excuse the accused from co

  13. Defence counsel in international criminal law

    NARCIS (Netherlands)

    Temminck Tuinstra, J.P.W.

    2009-01-01

    The field of international criminal law is relatively new and rapidly developing. This dissertation examines whether international criminal courts enable defence counsel to conduct an effective defence. When the International Criminal Tribunals for the former Yugoslavia and Rwanda (the ad hoc Tribun

  14. THE INTERNATIONAL CRIMINAL COURT AND THE CASES OF MUAMMAR AL-GADDAFI, SAIF AL-ISLAM GADDAFI AND ABDULLAH AL-SENUSSI

    Directory of Open Access Journals (Sweden)

    Rúbia Marcussi Pontes

    2016-01-01

    Full Text Available The International Criminal Court (ICC is the international organization created through the Rome Statute in order to judge the main international cases of crimes that are under its jurisdiction. Even tough is an in independent organization and therefore not a part of the United Nations (UN system, it is strictly related to the United Nations Security Council (UNSC, who has addressed the situation in Libya to the Court in 2011 through the Resolution 1970. From that moment on, the ICC analyzed the cases of Muammar Al-Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi, who were high authorities in the previous Libyan regime. Therefore, this article aims to demonstrate the context of creation of the International Criminal Court and the forces involved on it as well as the situation in Libya and how the judgment of its formers leaders were related to the ICC. The focus is to highlight the importance of the Court and to analyze its capability of fulfilling its objectives in nowadays-international system specifically in the observance of the cases in study.

  15. Commentary (amending the legal characterization of the facts at trial stage in the International Criminal Court and the defendant's right to a fair trial)

    DEFF Research Database (Denmark)

    Cullen, Miriam

    2016-01-01

    characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal......(2) of the Regulations of the Court”, Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V.Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06-2205, A.Ch., 8 December 2009. Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal...

  16. The International Criminal Court as a Component of U.S. National Security Strategy

    Science.gov (United States)

    2012-04-21

    international character .33 After years of negotiations, 148 nations came together in 1998 to hammer out the final details about...critic of the ICC, while accurate in his comparison between the two systems, misses the larger picture. No international tribunal, not even Nuremberg

  17. The International Criminal Court and the evolution of the idea of combating impunity: an assessment 15 years after the Rome Conference

    Directory of Open Access Journals (Sweden)

    Patrícia Galvão Teles

    2014-11-01

    Full Text Available This article evaluates the International Criminal Court´s first years of operation, taking stock of the institution’s activity. It describes and analyzes the main challenges which confronts this institution, namely: a universality, complementarity and cooperation; and b peace and justice. In the specific case of Kenya, the President and Vice-President of the Republic are suspected of committing crimes against humanity. Considering the positions taken by the African Union, the debate is whether the introduction of immunity from criminal jurisdiction, albeit temporary, to Heads of State and Government while in Office may, or may not, come to represent a step backwards for the idea of combating impunity for the most serious international crimes.

  18. Complicity in International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2014-01-01

    Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage...... in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form...... or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise....

  19. Expert Evidence and International Criminal Justice

    DEFF Research Database (Denmark)

    Appazov, Artur

    The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials...... and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts' ability to meaningfully...... incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about...

  20. Human Trafficking as a Crime Against Humanity: An analysis of the legal potential to prosecute human trafficking in the International Criminal Court with reference to the trafficking of Rohingya Muslims in Southeast Asia

    OpenAIRE

    Haraldsen, Janne

    2014-01-01

    This paper examines the legal potential to prosecute human trafficking as a crime against humanity (CAH) in the International Criminal Court (ICC). Although the ICC has been equipped with the legal tools necessary to prosecute human trafficking, it has not yet brought a single trafficking case to the Court. In order to fully comprehend the bar for prosecution of human trafficking as a CAH at the ICC, the paper applies the CAH framework to the situation of the persecuted Rohingya minority in M...

  1. Human Trafficking as a Crime Against Humanity: An analysis of the legal potential to prosecute human trafficking in the International Criminal Court with reference to the trafficking of Rohingya Muslims in Southeast Asia

    OpenAIRE

    Haraldsen, Janne

    2014-01-01

    This paper examines the legal potential to prosecute human trafficking as a crime against humanity (CAH) in the International Criminal Court (ICC). Although the ICC has been equipped with the legal tools necessary to prosecute human trafficking, it has not yet brought a single trafficking case to the Court. In order to fully comprehend the bar for prosecution of human trafficking as a CAH at the ICC, the paper applies the CAH framework to the situation of the persecuted Rohingya minority in M...

  2. Quis Custodiet Ipsos Custodes: Protection of Human Rights at the International Criminal Court (Quis custodiet ipsos custodes: zaščita človekovih pravic v postopku pred Mednarodnim kazenskim sodiščem

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2014-10-01

    Full Text Available International criminal law has been long focusing on providing criminal responsibility to perpetrators of international crimes and preventing their impunity, but it also has to provide fair trial at the same time. In connection to this an issue arises, whether the legality of the procedure has to be ensured by external supervision. That became especially relevant with the establishment of a permanent International Criminal Court (the ICC. This paper therefore tries to verify the hypothesis that the Rome Statute includes all the regular mechanisms for protection of the defendant’s rights, but the external supervision is still required. The paper firstly discussed the existing possibility of protection of the defendant’s rights in the ICC − means of invoking or sanctioning violations of these rights through legal remedies, criminal, civil and tort liability or inadmissibility of evidence. Second part of the paper includes thoughts on possibility of the ICC joining the existing universal, regional or national supervisory mechanisms.

  3. The psychiatric defence and international criminal law.

    Science.gov (United States)

    Tobin, John

    2007-01-01

    Following the development of the International Criminal Court (ICC) the mental state of the perpetrators of genocide, crimes against humanity and war crimes will become a more important issue in regard to defence and mitigating factors. This article examines how the International Criminal Tribunal for the Former Yugoslavia (ICTY) in particular has dealt with the mental illness defence to date, and how its judgements can serve as guidance for the ICC as it becomes the major international court of the future. The absence of a mental health defence in the Statutes of the ICTY and the International Criminal Tribunal for Rwanda has led to a reliance on the Rules of Procedure and Evidence of the two tribunals. There are major difficulties in using the mental health defence as it is defined in the Statutes of the ICC because of a requirement for the destruction of mental capacity as a valid defence. Fitness to plead and the defence of intoxication are also examined.

  4. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international crimi...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  5. The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

    Directory of Open Access Journals (Sweden)

    Evode

    2015-12-01

    Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

  6. Does the justice concur witn court adjudication of criminal case?

    Directory of Open Access Journals (Sweden)

    Berova D.M.

    2014-12-01

    Full Text Available Two formulas are confronted in the article: “justice in the Russian Federation is administered only by court” and “court adjudicates criminal cases”. Different scientific standpoints are analyzed. The viewpoint on justice as any court procedural activity (including pre-trial control of preliminary investigation bodies and arguments justifying it are studied, notably justice is not only judicial proceeding and conclusion on guilt and liability, but also deciding issues on arrest, search, taking other measures of criminal procedure constraint. The author proposes to consider justice in its direct meaning and in the narrow sense as the court activity on trying and adjudicating criminal cases. The rest of the court’s functions including the function of pre-trial control of preliminary investigation bodies cannot be considered as justice. The criminal case adjudication totally concurs with justice, and “justice” remains the priority legislative term. It is proved that justice as criminal case adjudication begins in the stage of preparing for judicial sitting, but it is executed in all the following degrees of jurisdiction and also when reopening the case due to newly discovered facts. In such cases reversal and revision of a sentence are possible, which is court’s prerogative forming a justice function. The judicial proceeding in the stage of executing a sentence is not considered as justice because in this case the sentence is not reversed or revised, its legality and validity are not examined and questioned, but execution of punishment can be amended.

  7. The rights of Victims under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-07-01

    Full Text Available The goal of this paper is to examine the role of victims before the ICC criminal justice system by giving a general overview of their role and participation. It also focuses on examining some specific rights of victims before international criminal court such as right to participation, the right to protection and the right to reparations which represent one of the greatest advances made by the international criminal justice system and a significant challenge that the Court has already faced in its early hearings. The right of victims to participate in the proceedings of the Court, as being the primary right granted by the Statute, shall be a crucial topic in this paper. Explanation will be given during this study regarding the various elements that need to be considered to understand the scope of this right, as well as when this right will be excercised. Therefore, through this paper a specific attention shall have the right of victims to legal representation before the Court and how to guarantee the indipendency by he Court of the representatives. Finally, some conclusions and recommendation will be given at the end of this paper concerning how to improve vicitims access and participation in the International Criminal Court proceedings.

  8. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations...

  9. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; BYTYQI, Vilard; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  10. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

    This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.

  11. INTOXICATION AND CRIMINAL LIABILITY IN INTERNATIONAL CRIMINAL LAW

    OpenAIRE

    ZGAGA SABINA

    2014-01-01

    The principle of actio libera in causa or the effect of a perpetrator's voluntary intoxication on the existence of a criminal act is controversial in international criminal law. The present legislation, as contained in the Rome Statute, is a compromise between different legal systems. It allows the exclusion of a criminal act based on the fact that the perpetrator was involuntarily intoxicated and he or she cannot be ascribed guilt for the act of intoxication and the criminal act. In the Rome...

  12. The Impact of an Indiana (United States Drug Court on Criminal Recidivism

    Directory of Open Access Journals (Sweden)

    John R. Gallagher

    2014-07-01

    Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

  13. Shared responsibility in international criminal justice: the ICC and asylum

    NARCIS (Netherlands)

    Sluiter, G.

    2012-01-01

    As a tribute to Bert Swart's academic career, this article explores the shared responsibility of states and the International Criminal Court (ICC) for witnesses who have testified at the ICC and have raised concerns for their well-being and safety in case of return to the sending state. The new phen

  14. The Impact of International Human Rights Law on International Criminal Procedure = De invloed van internationale mensenrechten op internationaal strafprocesrecht

    NARCIS (Netherlands)

    Zeegers, K.

    2013-01-01

    This article examines the impact of international human rights law on international criminal procedure. Given the fact that international criminal courts and tribunals (ICTs) are not party to human rights treaties, the question arises whether these norms formally even apply to them. The first part o

  15. The Impact of International Human Rights Law on International Criminal Procedure = De invloed van internationale mensenrechten op internationaal strafprocesrecht

    NARCIS (Netherlands)

    Zeegers, K.

    2013-01-01

    This article examines the impact of international human rights law on international criminal procedure. Given the fact that international criminal courts and tribunals (ICTs) are not party to human rights treaties, the question arises whether these norms formally even apply to them. The first part o

  16. International criminal trials: A normative theory

    NARCIS (Netherlands)

    Vasiliev, S.

    2014-01-01

    Among the numerous works on international criminal procedure, there has been no study focusing on the international criminal trial as a socio-legal phenomenon and a phase of international criminal proceedings. This book seeks to cover this gap by systematically examining and analyzing the nature and

  17. NL-Netherlands: Court applies Google Spain: no right to be forgotten for convicted criminal

    NARCIS (Netherlands)

    Breemen, V.

    2014-01-01

    On 18 September 2014, the Amsterdam Court handed down the first national application of the EU Court of Justice’s Google Spain judgment. The case was initiated by a convicted criminal after Google had not fully granted his online removal requests. The court rejected the claim, but it should be noted

  18. When Should Neuroimaging be Applied in the Criminal Court?

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2014-01-01

    When does neuroimaging constitute a sufficiently developed technology to be put into use in the work of determining whether or not a defendant is guilty of crime? This question constitutes the starting point of the present paper. First, it is suggested that an overall answer is provided by what...... is referred to as the “ideal comparative view.” Secondly, it is—on the ground of this view—argued that the answer as to whether neuroimaging technology should be applied presupposes penal theoretical considerations. Thirdly, it is argued that the retributivist theory of punishment is not well......-suited for delivering the sort of theoretical guidance that is required for assessing the desirability of using neuroimaging in the work of the criminal court....

  19. Psychiatric evidence in criminal courts: the need for better understanding.

    Science.gov (United States)

    Muzaffar, Sajid

    2011-07-01

    The rules of admissibility of expert evidence from mental health professionals are not clear. The task of a psychiatrist providing expert opinion to criminal courts is far from clear. Psychiatric experts are trained in a particular set of ethical and philosophical frameworks. They have expertise in the diagnosis and management of behaviours arising from mental disorders. The concept of mental disorder itself is a dimensional one. Such a dimensional view of human behaviour and mental disorders is hard to fit into the categorical view of human behaviour that the law follows. The task of the psychiatric expert is to marry these two philosophically different branches. Such a task would be facilitated by clear rules of admissibility of expert psychiatric evidence, clear definition of the roles and limitations of psychiatric evidence in criminal cases, a better understanding and training of mental health professionals in legal principles and a better understanding by the legal professionals of the mental health concepts. This article aims to analyse the legal basis of the admissibility of expert mental health evidence, the differences in the philosophies of the two disciplines and the challenges in addressing legal criteria while staying faithful to the ethos of psychiatry and psychology.

  20. Symbolism as a Constraint on International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2016-01-01

    International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence...... that the role of international criminal law is symbolic assists with constraining overambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and the UN executive bodies and also serves as a tool informing...... and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging...

  1. Predictors of Criminal Justice Outcomes Among Mental Health Courts Participants: The Role of Perceived Coercion and Subjective Mental Health Recovery.

    Science.gov (United States)

    Pratt, Christina; Yanos, Philip T; Kopelovich, Sarah L; Koerner, Joshua; Alexander, Mary Jane

    2013-04-01

    Internationally, one effort to reduce the number of people with serious mental illness (SMI) in jails and prisons is the development of Mental Health Courts (MHC). Research on MHCs to date has been disproportionately focused on the study of recidivism and re-incarceration over the potential of these problem-solving courts to facilitate mental health recovery and affect the slope or gradient of opportunity for recovery. Despite the strong conceptual links between the MHC approach and the recovery-orientation in mental health, the capacity for MHCs to facilitate recovery has not been explored. This user-informed mental health and criminal justice (MH/CJ) community based participatory (CBPR) study assesses the extent to which MHC practices align with recovery-oriented principles and may subsequently affect criminal justice outcomes. We report on the experiences and perceptions of 51 MHC participants across four metropolitan Mental Health Courts. Specifically, the current study assesses: 1) how defendants' perceptions of court practices, particularly with regard to procedural justice and coercion, relate to perceptions of mental health recovery and psychiatric symptoms, and, 2) how perceptions of procedural justice and mental health recovery relate to subsequent criminal justice outcomes. The authors hypothesized that perceived coercion and mental health recovery would be inversely related, that perceived coercion would be associated with worse criminal justice outcomes, and perceptions of mental health recovery would be associated with better criminal justice outcomes. Results suggest that perceived coercion in the MHC experience was negatively associated with perceptions of recovery among MHC participants. Perceptions of "negative pressures," a component of coercion, were important predictors of criminal justice involvement in the 12 month period following MHC admission, even when controlling for other factors that were related to criminal justice outcomes, and that

  2. Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2008-01-01

    The ICTY does not merely represent a historical stage in the development of international criminal justice which can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court...... practice and frequently amended to take the latest developments into account. Finally, with the arrest of Slobodan Karadžić, a new chapter has been opened for the Court. This volume thus provides not only an account of all the debates revolving around the proper role of international criminal justice...... and a contribution to the developing academic discipline of “transitional justice”; it also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Ruanda provide for the future of international criminal procedure....

  3. From text to talk in criminal court: Prosecuting, defending, and examining the evidence

    NARCIS (Netherlands)

    Houwen, F.; Sneijder, P.W.J.

    2014-01-01

    In this article we analyze how prosecutors, lawyers and judges refer to the case file. Because witnesses are rarely heard again in Dutch criminal court, understanding how their written voices are re-animated in court is of importance. Lawyers and prosecutors select quotations and introduce these in

  4. O pedido de cooperação do Tribunal Penal Internacional ao Brasil na captura do presidente do Sudão (The request for cooperation on the capture of the president of Sudan submitted to Brazil by the International Criminal Court

    Directory of Open Access Journals (Sweden)

    João Irineu de Resende Miranda

    2011-01-01

    Full Text Available Resumo: Este artigo tem como tema a relação de cooperação entre o Tribunal Penal Internacional e o Brasil. Partindo das questões levantadas pelo despacho referente à Petição 4625-1, redigido pelo presidente do Supremo Tribunal Federal, seu objetivo é saber se as dificuldades em harmonizar certas disposições do Estatuto do Tribunal Penal Internacional com a Constituição brasileira podem impedir o Brasil de cooperar com o Tribunal Penal Internacional no tocante à detenção e posterior entrega do presidente do Sudão, Omar al-Bashir. Analisando o fundamento jurídico do pedido de cooperação e os pontos de conflito apontados pela doutrina, conclui-se que não há obstáculo para o atendimento do pedido de cooperação, sendo este, pelo contrário, uma obrigação jurídica do Estado brasileiro.Abstract: This work discusses the cooperation relationship between the International Criminal Court and Brazil. From the issues raised by the order on the Petition 4625-1, as written by the President of the Supreme Court, its goal is to establish whether or not the difficulties in harmonizing certain provisions of the Statute of the International Criminal Court with the Brazilian Constitution may prevent the latter to cooperate with the International Criminal Court in relation to the arrest and surrender of the President of Sudan, Omar al-Bashir. Analyzing the legal basis of the request for cooperation and the conflict points highlighted by the doctrine, our research concludes that there is no obstacle to comply with the request for cooperation, which is actually a legal obligation of the Brazilian state.

  5. Active personality and non-extradition of nationals in international criminal law at the dawn of the twenty-first century : adapting key functions of nationality to the requirements of International Criminal Justice

    NARCIS (Netherlands)

    Deen-Racsmány, Zsuzsanna

    2007-01-01

    In the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction have fallen into oblivion. At the same time, globalization and the establishment of international crimina

  6. Can neurological evidence help courts assess criminal responsibility? Lessons from law and neuroscience.

    Science.gov (United States)

    Aharoni, Eyal; Funk, Chadd; Sinnott-Armstrong, Walter; Gazzaniga, Michael

    2008-03-01

    Can neurological evidence help courts assess criminal responsibility? To answer this question, we must first specify legal criteria for criminal responsibility and then ask how neurological findings can be used to determine whether particular defendants meet those criteria. Cognitive neuroscience may speak to at least two familiar conditions of criminal responsibility: intention and sanity. Functional neuroimaging studies in motor planning, awareness of actions, agency, social contract reasoning, and theory of mind, among others, have recently targeted a small assortment of brain networks thought to be instrumental in such determinations. Advances in each of these areas bring specificity to the problems underlying the application of neuroscience to criminal law.

  7. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  8. A Study on the System of Crime Victims’Participation in the Pretrial Stage before the International Criminal Court:With particular Reference to Prosecutor v. Thomas Lubanga Dyilo Case%国际刑事法院被害人参与审前程序探析——以检察官诉卢班加案为例

    Institute of Scientific and Technical Information of China (English)

    曲涛; 王小会

    2012-01-01

      International Criminal Court leads to the start of the international criminal victims’ participation in the proceedings by the status of victim independently. The Rome Statute established a relatively comprehensive system of crime victims’ participation in the pretrial procedure, which included investigation of a situation and confirmation of the charges before trial. The case of Prosecutor v. Lubanga, as the first case before the Court, has led to this practice. There were lots of apparent disputes about participating qualification and modes among the prosecution, defense, victims and their legal representatives, and pre-trial chamber has more discretion in the pretrial proceedings. China should obtain some hints from the International Criminal Court pre-trial mechanism, setting up the victim assistance agencies, ensuring the procedural rights of crime victims.%  国际刑事法院开启了国际犯罪被害人独立参加诉讼活动的先河。《罗马规约》构建了比较全面的被害人参与审前程序体制,并在检察官诉卢班加案中获得初步实践。控辩双方、被害人及其诉讼代理人在审前程序参与资格、方式、作用等方面存在明显争议,预审法庭在被害人参与情势调查阶段与确认指控听讯阶段的过程中具有较大的自由裁量权。我国应当借鉴国际刑事法院预审机制,建立被害人援助机构,保障被害人的诉讼权利。

  9. Slavery Prosecutions in International Criminal Jurisdictions

    NARCIS (Netherlands)

    H. van der Wilt

    2016-01-01

    This article explores how the findings of international criminal tribunals (ICTs) in respect of enslavement as a form of system criminality can be translated for a proper assessment of slavery outside (armed) conflict. The author has found that, while ICTs are jurisdictionally limited to addressing

  10. Le Japon et la Cour pénale internationale : enjeux politiques et mémoriels Japan and the International Criminal Court: memory and political issues

    Directory of Open Access Journals (Sweden)

    Eric Seizelet

    2010-07-01

    International Criminal Court (ICC. By joining the ICC, the Abe Shinzô Cabinet concretized the long standing determination of the Japanese government to support the creation of a permanent criminal tribunal, to collaborate to the prosecution of individuals responsible for genocides, war crimes, crimes against humanity, crimes of aggression, thus contributing actively to the implementation of humanitarian law. But in spite of this early commitment, the government until recently postponed its effective adhesion, invoking budgetary reasons and the necessity to put the Japanese legal system in accordance with the provisions of the Rome Statute. The purpose of this article is to demonstrate that this delay was also motivated by two other factors : the fear that an early adhesion might stimulate in Japan the claims for reparations from comfort women and victims of forced labor during World War Two and the attitude of the USA which strongly opposed the creation of the ICC. It also stresses the awkward situation the Japanese government had to face : as member of the ICC, it will have to deal with issues such as sexual slavery and forced labor for which the conservative elite showed in the past a quite failing and selective memory. Finally, even if the Japanese participation to the ICC has been praised as a new step fostering the legitimacy of the ICC as an universal judicial body, the ambiguous attitude of the Japanese authorities is likely to weaken the impact of Tokyo adhesion to the Rome Statute on other Asian great powers such as China, India, Indonesia and Pakistan, anxious to protect their own sovereignty against any infringement from the Court.

  11. The protection of the accused in international criminal law according to the Human Rights Law Standard

    Directory of Open Access Journals (Sweden)

    Karolina Kremens

    2011-12-01

    Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

  12. The right to appeal on criminal procedure under international acts and jurisprudence

    Directory of Open Access Journals (Sweden)

    MSc. Vilard Bytyqi

    2016-01-01

    Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state.  Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

  13. Discrepancies between international humanitarian law on the battlefield and in the courtroom: the challenges of applying international humanitarian law during international criminal trials

    NARCIS (Netherlands)

    Bartels, R.; Toebes, B.; Brus, M.; Matthee, M.

    2013-01-01

    International humanitarian law and international criminal law are distinct but related fields. The application of international humanitarian law to concrete facts by international tribunals and courts has contributed to the development and clarification of this body of law. However, using a law in

  14. Optimality aspects with assigning of Magistrates to Sessions and Teams of the Amsterdam Criminal Court

    NARCIS (Netherlands)

    Schreuder, Jan; Burke, E.K.; Rudova, H.

    2006-01-01

    In the criminal court (Arrondissements rechtbank, sector strafrecht) of Amsterdam the assignment of magistrates (judges, officers, etc) to sessions needed to handle the cases presented, has become a problem last years mainly caused by the increase of so called mega-sessions. One complicating factor

  15. South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution.

    Science.gov (United States)

    Nelson, John

    2003-04-01

    On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.

  16. Special Criminal Courts to restorative justice: the Consensual justice in Brazil/Dos juizados especiais criminais a justica restaurativa: a "Justica Consensual" no Brasil

    National Research Council Canada - National Science Library

    Souza, Luanna Tomaz; Fabeni, Lorena Santiago

    2013-01-01

    The problems facing the criminal justice system increasingly visible show. This article analyzes the emergence of Special Criminal Courts as an alternative to criminal justice and its proposed Consensual...

  17. The ICC at the centre ofan international criminal justice system: current challenges

    Directory of Open Access Journals (Sweden)

    Teles, Patrícia Galvão

    2017-05-01

    Full Text Available The International Criminal Court (ICC has entered into its second decade of operations and has established itself at the centre of an international criminal justice system, comprising also domestic jurisdictions and other international courts and tribunals. However, many challenges continue to face the ICC and, indeed, such challenges are part of its own features and stem from the specificities of international law and relations. In this article, we shall discuss, in light of recent events, four of such challenges: 1 Universality; 2 Complementarity; 3 Cooperation; and 4 the Crime of Aggression. These challenges illustrate how the ICC and international criminal justice inhabit both the cultures of justice and politics and how these two aspects have to be taken into account in order for such challenges to be overcome, so that the mission of a permanent and central instrument for the fight against impunity, that historically started in Rome in 1998, becomes an inherent part of today’s world.

  18. Crimes against humanity: the role of international courts.

    Directory of Open Access Journals (Sweden)

    Eder Milton Schneider

    Full Text Available We study the role of international tribunals, like the International Criminal Court (ICC, as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  19. Crimes against humanity: the role of international courts.

    Science.gov (United States)

    Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  20. Definition of Intellectual Disability in Criminal Court Cases

    Science.gov (United States)

    Olley, J. Gregory

    2013-01-01

    Definitions and associated descriptions of the condition now commonly known as "intellectual disability" serve many functions. The "Atkins v. Virginia" U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding…

  1. International Criminal Justice and the Politics of Compliance

    NARCIS (Netherlands)

    Lamont, Christopher

    2010-01-01

    International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice sc

  2. The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability.

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

    In the past 8 years, the US Supreme Court has issued landmark opinions in three cases that involved the criminal culpability of juveniles. In the most recent case, in 2012, a ruling prohibited states from mandating life without parole for crimes committed by minors. In these cases, the Court drew on scientific studies of the adolescent brain in concluding that adolescents, by virtue of their inherent psychological and neurobiological immaturity, are not as responsible for their behaviour as adults. This article discusses the Court's rationale in these cases and the role of scientific evidence about adolescent brain development in its decisions. I conclude that the neuroscientific evidence was probably persuasive to the Court not because it revealed something new about the nature of adolescence but precisely because it aligned with common sense and behavioural science.

  3. Addressing Violations of International Criminal Procedure

    NARCIS (Netherlands)

    Pitcher, K.

    2013-01-01

    This chapter provides an overview of the law and practice of the ICTY, ICTR and ICC with respect to procedural violations, including how such international criminal tribunals have dealt with the unique severity of the crimes falling within their jurisdiction in this context. The picture that emerges

  4. Open Access for International Criminal Lawyers

    NARCIS (Netherlands)

    van Laer, Coen

    This study investigates to what extent Open Access is useful for international criminal lawyers. Free reuse and distribution may be particularly advantageous for the audience in less resourceful countries. And individual authors need visibility to promote their academic reputation. However, many

  5. Open Access for International Criminal Lawyers

    NARCIS (Netherlands)

    van Laer, Coen

    2016-01-01

    This study investigates to what extent Open Access is useful for international criminal lawyers. Free reuse and distribution may be particularly advantageous for the audience in less resourceful countries. And individual authors need visibility to promote their academic reputation. However, many pub

  6. Estimating the differential costs of criminal activity for juvenile drug court participants: challenges and recommendations.

    Science.gov (United States)

    McCollister, Kathryn E; French, Michael T; Sheidow, Ashli J; Henggeler, Scott W; Halliday-Boykins, Colleen A

    2009-01-01

    Juvenile drug court (JDC) programs have expanded rapidly over the past 20 years and are an increasingly popular option for rehabilitating juvenile offenders with substance use problems. Given the high cost of crime to society, an important economic question is whether and to what extent JDC programs reduce criminal activity among juvenile offenders. To address this question, the present study added an economic cost analysis to an ongoing randomized trial of JDC conducted in Charleston, South Carolina. Four treatment conditions were included in the parent study: Family Court with usual community-based treatment (FC, the comparison group), Drug Court with usual community-based treatment (DC), DC with Multisystemic Therapy (DC/MST), and DC/MST enhanced with Contingency Management (DC/MST/CM). The economic study estimated the cost of criminal activity for nine specific crimes at baseline (pretreatment) and 4 and 12 months thereafter. A number of methodological challenges were encountered, suggesting that it may be more difficult to economically quantify frequency and type of criminal activity for adolescents than for adults. The present paper addresses methodological approaches and challenges, and proposes guidelines for future economic evaluations of adolescent substance abuse and crime prevention programs.

  7. A Study of the Assistance Mandate of the Trust Fund for Victims Before the Rome Statute of the International Criminal Court%《国际刑事法院罗马规约》被害人信托基金援助功能探析

    Institute of Scientific and Technical Information of China (English)

    曲涛; 王小会

    2012-01-01

    《国际刑事法院罗马规约》创建了被害人信托基金,具有非司法性的援助功能是该基金的法定使命。信托基金实行独立的理事会管理体制,并与国际刑事法院开展有效合作。援助资金以自愿捐款为主,包括指定用途的捐款。理事会启动援助功能的决定须接受司法审查,以避免违反规约的有关规定。信托基金援助类型涵盖身体康复、心理康复和物质支持,通过“和平建设与和解计划”在个人与社区层面实施援助。中国应创立犯罪被害人援助基金,以促进构建和谐社会。%The Rome Statute of the International Criminal Court established the trust fund for victims (TFV), which should assume the assistance mandate as non-judicial statutory mission. TFV implements an independent council management system, carrying out effective cooperation with the International Criminal Court. The assistance fund relies mainly on voluntary contributions, including earmarked donations. The Council's decision to trigger assistance mandate should be subject to judicial review in order to avoid violation of the relevant provisions of the Statute. TFV assistance mandate consists of physical rehabilitation, psychosocial rehabilitation and material support, and has effects through several " peace-building and reconciliation projects" at the personal, family and community levels. China should establish the crime victims assistance fund so as to promote the construction of harmonious society.

  8. International Criminal Responsibility After Katanga: Old Challenges, New Solutions

    Directory of Open Access Journals (Sweden)

    Olena Kucher

    2015-01-01

    Full Text Available On March 7, 2014, the International Criminal Court delivered its most recent judgment convicting Mr. Katanga as an accessory of crime against humanity in the form of murder and four counts of war crimes within the meaning of Art. 25(3(d of the Rome Statute. This decision along with its previous final decisions in the Lubanga and Ngudjolo cases has raised similar concerns about individual criminal responsibility regarding, inter alia, application of control over a crime doctrine as evidenced from the dissenting / separate opinions to them. This doctrine has already firmly settled within the ICC jurisprudence and yet some judges doubt if its application is justified, especially given the peculiarities of national origin irrelevant in the realm of the Rome Statute. The other raised concern is a potential application of the legality principle, since both Ngudjolo and Katanga judgments have investigated the same situations and come to the completely different results.While the Rome Statute contains the most complete provision determining the modes of individual responsibility, Art. 25 thus appears to be far from being out of debates. To dispel some of them, this article analyzes practical application of Art. 25(3(a and (d by the ICC and different approaches in this regard as well as general grounds for raising question on the necessity for individual criminal responsibility. 

  9. THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

    Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

  10. Private international Law in Chinese Courts

    Institute of Scientific and Technical Information of China (English)

    HUANG Jin; DU Huanfang

    2006-01-01

    After the entry of China into World Trade Organization,there are problems such as jurisdiction,application of law,and judicial assistance,which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters.As for private and international law problems in the Chinese courts,this paper analyses some general issues,including renovi,inter-temporal conflicts,and proof of foreign laws;reviews jurisdiction problems,for example,common jurisdiction versus special jurisdiction,selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction;discusses the choice of law problems such as the principle of party autonomy,the principle of the most significant judgment and international commercial arbitral award.

  11. Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

    DEFF Research Database (Denmark)

    Christensen, Mikkel Jarle

    The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...... with the striking proliferation of the new ad hoc tribunals since the 1990s and the creation of the first permanent international criminal court (ICC) in 2002, the article highlights the pivotal role of legal academics in defining and championing this form of law by placing themselves in a double role as both legal...... consultants and scholarly experts in the nascent field of international criminal justice. Investing professionally in the creation and development of international criminal justice, this role as double agents allowed groups of academics to have a significant impact on the genesis and evolution...

  12. Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

    Science.gov (United States)

    Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

    2016-03-01

    We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented.

  13. Introduction: domestic courts as agents of development of international law

    OpenAIRE

    Tzanakopoulos, A.; Tams, C.J.

    2013-01-01

    This introductory paper to the symposium hosted by the Leiden Journal of International Law, and edited by the authors, deals with the function of domestic courts as agents for the development of international law. The paper ‘sets the scene’ for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organizations/human rights,...

  14. Clinical evaluations for transfer of juveniles to criminal court: current practices and future research.

    Science.gov (United States)

    Kruh, I P; Brodsky, S L

    1997-01-01

    Completing clinical evaluations of juveniles considered for transfer to criminal court requires specialized expertise. However, there is little empirical foundation upon which they can be based. Within each of the three major evaluation domains (amenability to treatment, risk for future violence, and sophistication/maturity), we ask the following questions: a) Can forensic examiners properly assess this area, and if so using what tools?; b) How can social science research clarify the transfer evaluation, particularly as it is impacted by systems issues?; and c) How should the evaluation be structured? In doing so, we review clinical suggestions for completing these evaluations and identify pertinent research directions. A number of general issues specific to these evaluations are also discussed.

  15. The Role of International Criminal Tribunals in Shaping the Historical Accounts of Genocide

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2017-01-01

    sanctioned by the state or flowing from state policy. This tribunal was the first international court tasked with trying individuals responsible for crimes committed on a large scale by the oppressive regime. Despite some dissenting voices, the Nuremberg trial was neither a show trial, nor was it a purely...... domestic criminal law process. It was rather a way of expressing international outrage with Germany’s aggression through judicial means. Ever since this historic shift occurred, the field of international criminal law has been increasingly vested with the mounting number of objectives – deterrence......, retribution, transitional justice, reconciliation, and, finally, setting the historical record. Some of these goals are conflicting. The chapter critically assesses the latter objective and situates it among other considerations. The crime of genocide, first prosecuted internationally by the ad hoc tribunals...

  16. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...... of comparative criminal law....

  17. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study......Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... of comparative criminal law....

  18. International Criminal Law: Over-studied and Underachieving?

    NARCIS (Netherlands)

    Sliedregt, van E.

    2016-01-01

    n his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the ‘other’ branch of what was traditionally called international cri

  19. Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

    Directory of Open Access Journals (Sweden)

    Jianye Qu

    2017-01-01

    Full Text Available In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name only of cross-examination rights, which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees. At present, there is no legal clarity in criminal proceedings that examiner should or should not be examined in court. In my opinion, the entire court system should require an appearance in court, which must be a clear mandatory appearance with specific exceptions. The system should guarantee the forensic examiner' mandatory appearances, which would inevitably improve the rules of evidence.

  20. The privileges and immunities of international organizations in domestic courts

    CERN Document Server

    2013-01-01

    International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topi...

  1. Nationalization of International Criminal Norm of Crime and Punishment

    Institute of Scientific and Technical Information of China (English)

    Xiaomeng LI

    2011-01-01

    1.OverviewThe issue for this paper is Korean situation of nationalization of international treaty that contains provisions of crime and punishment,It has come to be a very important issue,in that,through bilateral or multilateral agreement,international criminal norm regarding crime and punishment that often does not correspond to Korean criminal justice system,has been and will be implanted in it.Not every international norm that was introduced in Korean criminal justice system has been great.As everyone knows,because a criminal justice system,if it is abused,can easily violate a citizen's liberty and right,we should pay more attention to what is introduced in Korean criminal justice system,under the name of international cooperation and progressive norm of criminal justice policy.In short,the tactics for the benefit of state power lead to the creation of so-called a new system,to cope with new criminal phenomenon.

  2. National courts and the international rule of law

    NARCIS (Netherlands)

    A. Nollkaemper

    2011-01-01

    This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book is on judicial control of exercise of public powers by states.

  3. The structural linguistic complexity of lawyers' questions and children's responses in Scottish criminal courts.

    Science.gov (United States)

    Andrews, Samantha J; Lamb, Michael E

    2017-03-01

    In the first study to systematically assess the structural linguistic complexity of lawyers' questions of children in Scotland, we examined 56 trial transcripts of 5- to 17-year-old children testifying as alleged victims of sexual abuse. Complexity was assessed using 8 quantitative measures of each utterance's components (number of questions, phrases, clauses, sentences, false starts, average word count, word length, and sentence length) and a composite measure was used in the analyses. Lawyers did not alter the complexity of questions when prompting children of different ages. Defense lawyers asked more structurally complex questions than prosecutors. Directive questions were the least structurally complex questions, followed by option-posing questions. Suggestive questions, followed by invitations, were the most structurally complex questions. Option-posing and suggestive questions were more complex when asked by defense lawyers than prosecutors. Of suggestive questions, confrontation and tagged questions were more complex than any other question type. Increased structural complexity led to more unresponsiveness, more expressions of uncertainty, and more self-contradictions regardless of which lawyer asked, the question type, or the children's ages. These findings highlight the additional risks associated with asking some types of questions in structurally complex ways and highlight the need for further innovations (e.g., the use of intermediaries) to facilitate the questioning of vulnerable witnesses in Scottish criminal courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

  4. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    of international law generates bad policy outcomes. Resort to international law to establish the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts with the constitutional logic of leaving decision of economic questions in the political process. In light......, to be adopted in co-decision procedure with the Parliament, the Council has however endorsed a plan to adopt an international agreement on the functioning of the Single Resolution Fund (SRF). The paper critically analyses the choice to resort to international law to establish the SRF. As the paper maintains......, the use of an intergovernmental agreement in this case is not necessary from a legal point of view. In fact, the use of international law in this case rests on flawed legal argument, namely that EU regulations cannot impose financial obligations on the states. Moreover, as the paper explains, the use...

  5. Challenging International Justice: The Initial Years of the International Criminal Court’s Intervention in Uganda

    Directory of Open Access Journals (Sweden)

    Lucy Hovil

    2013-03-01

    Full Text Available This practice note describes and critiques the initial years of the International Criminal Court’s (ICC involvement in Uganda from the perspective of local civil society actors. It argues that the substance and process of the ICC’s intervention fell chronically short of generating justice for those who had lived with the conflict for over two decades, and therefore created a disconnect between the priorities of those on the ground, and the priorities of the Court and its international minders. In order to unravel some of the dynamics that underpinned this disconnect, the paper asserts that the pivotal relationship between citizen and state provides a lens through which to assess any approach to generating justice in Uganda. It concludes that those promoting international justice need to be more cognisant of the fact that international justice mechanisms are obsolete unless they can move from theory to practice and make a genuine difference in people’s lives. In this regard, a better understanding and awareness of the political and social context in which they are operating, as well as greater self-critique and honesty, is critical.

  6. International criminal justice and the erosion of sovereignty

    Directory of Open Access Journals (Sweden)

    Miguel de Serpa Soares

    2013-11-01

    Full Text Available The author states that any form of international justice always represents a means of limiting national sovereignty. In the case of International Criminal Law, this limiting is even more evident by compromising elements essential to the classical paradigm of International Law, as for example the punishing monopoly of States or the concept of a quasi-absolute State sovereignty. International criminal tools, crimes, sentences, jurisdictions, are all able to be, at least partially, a legal alternative to the issues of peace-keeping and national security, exclusively political and diplomatic. This alternative inevitable leads to tensions with a power structure that has not been altered since 1945. However, for this legal criminal alternative to be put in place, a long period of maturation will be required based on irrefutable technical and legal credibility.

  7. Universal Jurisdiction between Unity and Fragmentation of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Pasculli Maria Antonella

    2011-04-01

    Full Text Available This paper represents the outcome of research fellowship Marie Curie at the Universiteit Leiden -Campud Den Haag Grotius, Centre for International Legal Studies (prof. C. Stahn and prof. Larissa van den Herik, supervisors on the topic "The Fragmentation and the Diversification of International Criminal Law in a Global Society”.In my paper I will examine the question of whether Universal Jurisdiction (UJ leads to unity or fragmentation within International Criminal Law (ICL. Given that there is already quite a lot of literature on UJ, it is important to focus the research on the issue of fragmentation and/or unity rather than to deal with the issue of UJ more generally. I will focus on this topic in sections 1 and 2, explaining some cursory remarks to these issues in my analysis on fragmentation. In the introduction, I will briefly introduce UJ as a controversial form of jurisdiction, but still necessary given that territorial jurisdiction does not always function well in the case of international crime. I will demonstrate that many state parties to the International Criminal Court (ICC Statute have vested or reconfirmed UJ for the core crimes when implementing the ICC Statute. The leading question of my research is whether this practice has led or has the potential to lead to unity or rather to fragmentation within ICL. In the research I will approach this question from different perspectives.In section 1 I will examine how State parties have may actually enacted universal jurisdiction for the core crimes, with a view to determining whether there is indeed some unity on this front or whether the practice on this matter is actually rather diverse (or fragmented. Subsequently, I will analyse which conditions States have formulated for the exercise of UJ, and whether this practice is consistent (unity or again rather diverse (fragmentation. It might also be interesting to see whether States have different conditions for UJ over core crimes than

  8. Rethinking Deterrence: The International Criminal Court in Sudan

    Directory of Open Access Journals (Sweden)

    Pablo Castillo

    2007-01-01

    Full Text Available El 1 de Abril del 2005, el Consejo de Seguridad de las Naciones Unidas remitió la situación de Darfur (Sudán al Tribunal Penal Internacional. Dos meses más tarde, el Fiscal aceptó la remisión y decidió iniciar una investigación. No se trata sólo del primer caso enviado a la Corte por las Naciones Unidas; se trata además de la primera instancia en la que el TPI se ve involucrado en un país cuyo gobierno se opone tajantemente a cooperar con el tribunal y rechaza su jurisdicción. ¿Cómo se desenvolverá esta recién creada institución en un entorno político tan complicado? ¿Probará este caso que el derecho penal internacional puede disuadir la comisión de atrocidades? ¿Puede el escrutinio de la comunidad internacional y la amenaza de acusaciones judiciales inhibir la conducta de del Presidente de Sudán, Omar al-Bashir? Este artículo sugiere que excesivo énfasis en la disuasión como elemento central, tan prevalente en la literatura que vincula el Derecho Internacional con la resolución de conflictos, tiene poco valor analitico y no ayuda a la causa de la justicia internacional. Críticos y escépticos, cada vez mas numerosos en el mundo anglosajón, pasan por alto la diferencia entre disuasión a corto plazo y prevención a largo plazo, ignoran la importancia de la credibilidad y la consistencia como funciones necesarias de la disuasión, y no tienen en cuenta la variedad de estrategias que los actores internacionales eligen para plantarle cara a la amenaza de acusaciones judiciales, así como las restricciones que limitan sus acciones y sus opciones de salida.

  9. Gbagbo: Lost in History : Report From The International Criminal Court

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan

    2016-01-01

    Twelve witnesses over the past five months: the ICC’s case against former Ivorian president Laurent Gbagbo and his supporter Charles Blé Goudé is not getting up to speed. Already, it is lost in discussions on history, suffers from a lack of evidence tying him directly to the crimes and has slowly mo

  10. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

    Since the end of the Second World War, for instance, armed conflict continues to ... The focus of the article is on the impact of the ICC's intervention on conflict ..... of the nature of the conflict, since we were dealing with our children, amnesty ...

  11. International Criminal Court Cases in Africa: Status and Policy Issues

    Science.gov (United States)

    2009-07-14

    and election of 18 judges, a Prosecutor (currently Luis Moreno -Ocampo from Argentina), and a Registrar (currently Bruno Cathala from France).15...bring him and others to justice.”97 In remarks with the press following the vote, U.S. Deputy Permanent Representative Alejandro Wolff stated: The...resolution since that “no” vote would have been a veto. 97 Explanation of vote by Ambassador Alejandro Wolff, U.S. Deputy Permanent Representative

  12. From the Outside In. Shaping the International Criminal Court

    Science.gov (United States)

    2006-05-01

    51 E. Effect of “Nullum Crimen Sine Lege”............................................................... 56 F. Summary...Effect of “Nullum Crimen Sine Lege” Nullum crimen sine lege translates to no crime without law and is given force through article 22, which holds...principle of nullum crimen sine lege, and those tribunals’ judges expanded the law, sometimes quite extensively.210 Moreover, many at Rome argued that

  13. 构建刑事和解法庭的必要性和可行性%The Necessity and Feasibility of Building Court of Criminal Reconciliation

    Institute of Scientific and Technical Information of China (English)

    余丽

    2014-01-01

    刑事和解作为一项纠纷解决机制,为更好地实现“和为贵”文化传统、宽严相济的刑事政策、和谐社会建设等目标,理论与实务界都对该制度进行了深入研究,但仍有很大的研究空间。刑事和解法庭同劳动法庭、税务法庭等专门法庭一样,是为顺应实践所需而设想的一个制度,通过该法庭的设立可进一步彰显刑事和解制度的权威,实现刑事和解的制度意义。%Criminal reconciliation work as a solution of criminal dispute,has a profound and important meaning to cultural tradition of peace value,criminal policy of temper justice with mercy,and construction of the harmonious society of the socialistic society. The same is as labor court and tax court , the foundation criminal reconciliation court adapts to the practice,and the foundation of criminal reconciliation court is to realize the meaning of criminal reconciliation,highlighting authority of criminal reconciliation.

  14. The Moderating Influence of International Courts on Social Movements

    Science.gov (United States)

    Sieder, Rachel

    2017-01-01

    Abstract Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international human rights courts. We answer the question through a detailed description of a single case, Gretel Artavia Murillo et al. v. Costa Rica, decided by the Inter-American Court of Human Rights in 2012 but with ongoing repercussions for abortion rights, given its authoritative interpretation of embryonic right to life. Through our analysis of Artavia Murillo, we show how legal mobilization before international human rights courts moderates social movement claims within the legal arena, as rivals respond to one another and argue within the frame of courts’ norms and language. PMID:28630548

  15. The Moderating Influence of International Courts on Social Movements

    OpenAIRE

    Lemaitre, Julieta; Rachel SIEDER

    2017-01-01

    Abstract Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international hu...

  16. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    In December 2013 the ECOFIN Council has given its green light to the adoption of the second pillar of the so-called Banking Union: a Single Resolution Mechanism to wind down failing banks in the Euro-zone, and thus break the cycle between banks and sovereigns in the EU. Besides a regulation...... of international law generates bad policy outcomes. Resort to international law to establish the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts with the constitutional logic of leaving decision of economic questions in the political process. In light...

  17. International criminal tribunals and human rights law: Adherence and contextualization

    NARCIS (Netherlands)

    Zeegers, K.J.

    2015-01-01

    Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs inves

  18. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Science.gov (United States)

    2010-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  19. Explaining the judicial independence of international courts: a comparative analysis

    DEFF Research Database (Denmark)

    Beach, Derek

    What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary......, ECtHR and IACHR. It is found that the threat of governmental noncompliance and the strength of the constituency possessed by an IC have the most explanatory power, although there is still a significant residual that can only be explained by looking at factors relating to judicial choices and agency....

  20. Codifying a jurist’s law: Islamic criminal legislation and Supreme Court case law in the Sudan under Numairi and Bashīr

    OpenAIRE

    Köndgen, O.A.

    2013-01-01

    In 1983 the Sudan introduced for the first time an Islamized penal code which, after a period of strict application, was first suspended with regard to the harsher corporal punishments and subsequently replaced in 1991 by a new, overhauled Criminal Act. The present thesis analyses Islamized Sudanese criminal legislation and ICL-related case law of the Sudanese Supreme Court. In addition, a number of interviews with judges, lawyers, academics, and politicians were conducted. The main research ...

  1. The Evolution of the Social Criminal Law on an International Wide Scale

    Directory of Open Access Journals (Sweden)

    Radu Razvan Popescu

    2009-06-01

    Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

  2. The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

  3. ENFORCED DISAPPEARANCE OF PERSONS UNDER INTERNATIONAL CRIMINAL LAW: THE CASE “GUERRILHA DO ARAGUAIA” IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Angela Pires Pinto

    2011-12-01

    Full Text Available The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of opponents to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State to initiate the criminal proceedings related to the responsibilities of those involved in the disappearances, torture and killings. On December 2010, the Inter-American Court of Human Rights decided that Brazil is responsible for the enforced disappearances in the Araguaia's region and, following its previous jurisprudence, determined that the State initiate adequate investigation and criminal proceedings related to the facts that amount to crimes against the humanity. In the view of the determination of criminal responsibilities on the “Guerrilha do Araguaia”'s case, this article will examine the grounds of criminal liability of the alleged offenders under the international criminal law as well as under the Brazilian domestic law, analysing the limitations that arise from both jurisdictions.

  4. The Permanent Court of International Justice and the International Rights of Groups and Individuals

    NARCIS (Netherlands)

    C. Brölmann

    2012-01-01

    The Permanent Court of International Justice was established in a period in which the position of the State as the natural form of political organization had come under pressure, among others, in academic-legal circles. It was also the period in which international-legal concern for groups within th

  5. Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?

    Science.gov (United States)

    Gowland, M Hazel; Walker, Michael J

    2015-08-15

    Food allergy has a forensic context. The authors describe eight cases in the UK courts involving fatalities, personal injury or criminal non-compliance with food law from mainly 'grey' literature sources. The potentially severe consequences for people with food allergy of contraventions of labelling law have led to enforcement action up to criminal prosecution for what might otherwise be regarded as 'trivial' non-compliance. The authors suggest there should be central collation of such cases. Non-compliances should be followed up in a more rapid and robust manner. Evidence of fraud in the catering supply chain supports recent calls for zero tolerance of food fraud. Businesses must guard against gaps in allergen management, for which there are readily available sources of training and guidance, but also against fraudulent substitution in the supply chain, about which training and guidance should be developed. New allergen labelling legislation and case law appear to place responsibility on food businesses even for the forensically problematic area of allergen cross-contamination. The courts can be an effective last resort for vulnerable consumers; however, there is evidence of knowledge and skill gaps in both the investigation and prosecution of potentially serious incidents of food allergen mismanagement and mislabelling. Thorough investigation of food allergy deaths is required with a tenacious and skilled approach, including early realisation that samples of the food and/or stomach contents from a post mortem examination should be retained and analysed. The supply chain must be rigorously examined to find out where adulteration or contamination with the fatal allergen occurred.

  6. Sources of International Courts' Legitimacy: A comparative study

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... the reasons why an IC is considered more or less legitimate in the eyes of a court’s constituents. This paper addresses this scholarly gap by identifying the sources of ICs’ legitimacy within the expressed views of one category of constituents: a court’s member states. Although we emphasize the importance...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...

  7. Recognition and understanding of goals and roles: The key internal features of mental health court teams.

    Science.gov (United States)

    Gallagher, Mary; Skubby, David; Bonfine, Natalie; Munetz, Mark R; Teller, Jennifer L S

    2011-01-01

    The increasing involvement of people with mental illness in the criminal justice system has led to the formation of specialty programs such as mental health courts (hereafter MHCs). We discuss MHCs and the teams serving these courts. Specifically, we examine team members' perceptions of MHC goals and their own and others' roles on the MHC team. Using a semi-structured interview instrument, we conducted 59 face-to-face interviews with criminal justice and mental health treatment personnel representing 11 Ohio MHCs. Findings from our qualitative data analyses reveal that MHC personnel understand individuals' roles within the teams, recognize and appreciate the importance of different roles, and share common goals. MHCs could foster this level of understanding and agreement by working to recruit and retain individuals with experience in or willingness to learn about both the criminal justice and mental health systems. Future research should explore the impact of MHC team functioning on client outcomes.

  8. Systemic-institutional approach to solving the problems of prejudgement in the criminal court procedure

    Directory of Open Access Journals (Sweden)

    Bulat Raisovich Burganov

    2015-09-01

    Full Text Available Objective to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic features as of a systemic object to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Methods the basis of the research was historicallegal method and systemicinstitutional approach to the analysis of regulatory processes as well as special and private law research methods elements of structuralfunctional approach with formal logical analysis. Results the evolution is shown of formation and development of the prejudgement institution the necessity is grounded of systemicholistic analysis of prejudgement legal regulation in the criminal procedure. According to the author it is a systematic approach that will allow to create the effectively functioning prejudgement institution. The article investigates the content side of the prejudgement institution in the criminalprocedural law. Scientific novelty for the first time the article discusses the prejudgement institution as a system of interrelated elements. In this context the substantial side of this system is characterized. Practical significance the research results and conclusions can be used in research legislative and applied activity for the effective application of the principles of prejudgement opportunities in the criminal procedure. nbsp

  9. Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

    Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

  10. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

  11. Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

    OpenAIRE

    Nouwen, Sarah M. H.; Werner, Wouter G.

    2014-01-01

    This is the accepted manuscript. The final version is available from OUP at http://jicj.oxfordjournals.org/content/early/2014/12/17/jicj.mqu078.full. Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation wi...

  12. Prisoners of the international community: the legal position of persons detained at international criminal tribunals

    NARCIS (Netherlands)

    Abels, D.

    2012-01-01

    Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this study is to set out the law go

  13. The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...

  14. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  15. The Military Perpetrator: A Narrative Analysis of Sentencing Judgments on Sexual Violence Offenders at the International Criminal Tribunal for the Former Yugoslavia (ICTY

    Directory of Open Access Journals (Sweden)

    Inger Skjelsbæk

    2015-03-01

    Full Text Available This article examines the ways in which principal perpetrators of sexual violence crimes are situated in an international criminal court. It is based on a narrative psychological analysis of the sentencing judgments of the International Criminal Tribunal for the former Yugoslavia (ICTY. Specifically, the article argues that at least three narratives can be distinguished within the relevant legal texts: those of the chivalrous, the opportunistic and the remorseful perpetrator, each with a distinct plot structure: that of being a normal person responding adequately to a situation that is seen as normal; an abnormal person responding to what is seen as an abnormal (or extreme situation; and a normal person responding inadequately to what is seen as an abnormal (or extreme situation. The ways in which these plots come out depend on how the various voices in the courtroom position the perpetrator within the stories. Ultimately, these narratives represent different stories of how militarism and masculinity intersect to create different understandings of the soldier and military behavior. The mere analysis of this material, i.e. how sexual violence crimes are discussed in theatre in an international criminal court, is a scholarly contribution to the understanding of how sexual violence perpetrators can be situated in a war setting, and after. The findings suggest new perspectives on military perpetrators and changes in what is considered normal and abnormal behavior in military settings.

  16. The Establishment, Scope, and the Completion of the Mission of International Criminal Tribunal for the Former Yugoslavia

    Directory of Open Access Journals (Sweden)

    MSc. Vilard Bytyqi

    2015-12-01

    Full Text Available This paper will treat the establishment, scope, and the completion of the mission of International Criminal Tribunal for formerYugoslavia. It is well known that this Tribunal, respectively The Hague Tribunal, is established with a resolution of United Nations Security Council, for the purpose of establishing peace in the troubled region ofYugoslavia. Since its establishment, the Tribunal has held many judicial processes, by bringing in front of the justice even the heads of states and people with significant state positions. Currently, the tribunal is in the completion phase of its mandate set by the United Nations resolution. For this reason, the tribunal does not accept new cases in order not to extend its completion phase of the mandate. The paper as such, has a practical importance because it will examine the success and challenges that this international court level has faced. Moreover, it will point out also the Completion strategy of this tribunal, where it is presumed that the cases will be transferred to the local justice in order not to overload the court with other cases.

  17. UNIVERSAL CRIMINAL JURISDICTION:An option or a legal obligation for States?

    Institute of Scientific and Technical Information of China (English)

    Vladimir-Djuro DEGAN; Vesna BARIC PUNDA

    2010-01-01

    <正>I Universal criminal jurisdiction,which is exercised by domestic courts of States,is considered today by some scholars as a panacea for fighting against impunity of perpetrators of the most heinous international crimes worldwide.

  18. Charter of the United Nations and statute of the International Court of Justice

    CERN Document Server

    United Nations. New York. Department of Public Information

    1993-01-01

    The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

  19. What's Wrong with the Relationship between the International Court of Justice and the Security Council?

    NARCIS (Netherlands)

    Spijkers, O.

    2015-01-01

    In 1945, the drafters of the United Nations Charter provided that, whenever the UN Security Council needed advice on any legal question, it could always ask the International Court of Justice for an advisory opinion. And whenever the Council, when maintaining international peace and security, encoun

  20. Whales, science, and scientific whaling in the International Court of Justice.

    Science.gov (United States)

    Mangel, Marc

    2016-12-20

    I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

  1. Towards an international health market with the European Court

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2005-01-01

    This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas...... political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic...... evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted...

  2. Juizados Especiais Criminais e seu déficit teórico The theoretical deficit of Small Claims Criminal Courts

    Directory of Open Access Journals (Sweden)

    Carmen Hein de Campos

    2003-06-01

    Full Text Available A Lei 9.099/95 (Lei dos Juizados Especiais Criminais, elaborada para fixar a punição de delitos de menor potencial ofensivo, é usada, majoritariamente, para julgar a violência conjugal. O paradigma masculino que norteou sua elaboração acarreta um déficit teórico por não ter aceito o paradigma da criminologia feminista ancorado no conceito de gênero. As conseqüências desse déficit se manifestam na operacionalidade da Lei cujos resultados são a banalização da violência doméstica, o arquivamento massivo dos processos e a insatisfação das vítimas, todas mulheres.Small Claims Criminal Courts, though created to deal with minimal offenses, are now found to be judging mostly cases of domestic violence.The male paradigm on which the creation of such courts was based causes a theoretical deficit for not having taken into account feminist criminology and gender. As a consequence of this deficit, court decisions reflect the banalisation of domestic violence and contribute to a massive shelving of suits with a consequent growing dissatisfaction on the part of the victims, all of them women.

  3. [Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

    Science.gov (United States)

    Dias, Allister Andrew Teixeira

    2015-01-01

    As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

  4. Effect of Court Dimensions on Players’ External and Internal Load during Small-Sided Handball Games

    Directory of Open Access Journals (Sweden)

    Matteo Corvino

    2014-06-01

    Full Text Available The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers small-sided handball games (each repeated twice. The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed, heart rate, and rating of perceived exertion (RPE. Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s-1 highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70 and more distance in the second (p = 0.049; ES = 0.73 and third (p = 0.012; ES = 0.51 speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69 with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities, the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m, a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p < 0.05; large ES. The rating of perceived exertion was significantly higher during the drill with the 32×16m court compared with the 24

  5. An Introduction to the International Court of Justice

    Science.gov (United States)

    Naranjo, Dan

    2014-01-01

    "Insults, lies, and whale blood" should be the title for the latest international dispute involving the icy waters of Antarctica. Although this placid and remote area of the world seems to be the last place one might expect to encounter an intense debate between opposing cultures, the dispute is creating a worldwide legal stir that…

  6. JUDICIAL COOPERATION IN THE CRIMINAL FIELD

    Directory of Open Access Journals (Sweden)

    Sanja Karceva

    2015-10-01

    Full Text Available The expansion of crime throughout the eras has increased at an alarming rate. It has expanded, evolved and gone through many different forms and stages. With the formation of the EU and the expulsion of internal borders, as well as the insurance of greater liberty and freedom of movement, acts of crime and the number of criminals have drastically increased. Its enormous growth and expansion, especially in the form of crime betwixt country borders (within EU territory, has desperately called for change and development within the norms of criminal law. However, with the view that criminal law in most EU nations has its own specific and varied markings, and since a supranational criminal law does not exist, there has arisen a dire need for cooperation within this sphere. The globalization of transnational organized crime and its entry within the legal sector of these member countries has been the reason for the development of court cooperation within Europe. Cooperation between the courts was achieved through a tight collaboration between the court services and other regulatory organs/authorities of the member countries. This court cooperation is conducted through very varied activities carried out by the different countries, which are in turn guaranteed through different conventions, bilateral and multilateral agreements/treaties. There exist many other kinds of legal support when viewing court cooperation that one member country can provide to another member country, for which information will be provided further in the text.

  7. Specifics of the Court of Arbitration in sport as an international arbitration body

    Directory of Open Access Journals (Sweden)

    Galantić Miloš B.

    2015-01-01

    Full Text Available The Court of arbitration in sport represents an arbitral body whose task is to resolve the most significant disputes in the international community, within the autonomy of sport. With its adaptation to the contemporary system of sovereign states, by applying the classical principles of arbitration, with some degree of correction due to the specificity of sport, as well as the application of appropriate norms of international public law, achieved a situation that arbitration decisions of the Court are final. Despite its importance in the international community, domestic legal theory does not pay adequate attention to the above phenomenon. The task of this paper is to draw attention of the wider legal population to the existence of the Court of Arbitration in Sport, as well as pointing out the specifics of the Court of Arbitration in Sport to those skilled in classic commercial arbitration. Smaller or greater variations from the classical principles of commercial arbitration are conditioned by the specificity of social relations in sport. The focus of the analysis is placed primarily on issues of the legal fiction of arbitral tribunal seat, mandatory clause of acceptance of jurisdiction, the existence of the closed list of arbitrators and the lack of choice of arbitrators in the case of Ad hoc divisions, prohibition of addressing to the ordinary courts to establish a temporary measures and exclusive jurisdiction of CAS in a given matter, the publication of arbitral awards and 24-hour deadline for the application of the prescribed procedures and decision-making in the case of Ad hoc divisions.

  8. The Expansion of Swiss Criminal Jurisdiction in Light of International Law

    Directory of Open Access Journals (Sweden)

    Anna Petrig

    2013-09-01

    Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

  9. The Expansion of Swiss Criminal Jurisdiction in Light of International Law

    Directory of Open Access Journals (Sweden)

    Anna Petrig

    2013-09-01

    Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

  10. Criminal offense of trafficking in human beings: International documents, contemporary solutions in national legislations and Criminal Code of Federal Republic of Yugoslavia

    Directory of Open Access Journals (Sweden)

    Nikolić-Ristanović Vesna Ž.

    2002-01-01

    Full Text Available Due to its high social danger and far-reaching consequences, trafficking in human beings, as a form of transnational crime, needs an all-inclusive international approach in countries of origin, transit and destination. That means the use of effective measures concerning prevention, punishment of perpetrators and protection of victims. In connection with that, intensive efforts of the international community in stamping out this phenomenon marked the end of 20™ century. They are incarnated in a numerous of international documents and other activities, which particular emphasize the need of criminalization of trafficking in human beings in national legislation. In the paper, authors are analyzing international documents that are both directly or indirectly dealing with this topic, as well as criminal law provisions of a number of countries (USA, Western Europe, Central and Eastern Europe, Southern Europe. The aim of such an approach is to perceive our legislation though the prism of the contemporary tendencies, as well as to point out certain shortages and the importance of harmonizing our legislature with the international standards and demands of the international community. The first step toward that should be inclusion of trafficking in human beings as a separate criminal offence in the Criminal Code of Federal Republic of Yugoslavia. Victimology Society of Serbia drafted such criminal law provision, which is presented in this paper.

  11. Ubutabera : Facts and case files from the International Criminal Tribunal for Rwanda (ICTR)

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan; van der Heijde, Hannah

    2017-01-01

    Twenty-two years ago, immediately after the genocide in Rwanda, the United Nations set up the International Criminal Tribunal for Rwanda (UN/ICTR). In December 2015, the Appeals Chamber rendered the tribunal’s last decision in the case of the ‘Butare 6’. Meanwhile, some ‘residual’ work has been take

  12. Judges and lawmaking at the International Criminal Tribunals for the former Yugoslavia and Rwanda

    NARCIS (Netherlands)

    Swart, Mia

    2006-01-01

    In this study the author examines the question of whether the judges at the International Criminal Tribunals for the former Yugoslavia and Rwanda are entitled to make law. Instances of substantive and procedural lawmaking at the tribunals are analysed. The context within which tribunal law is made a

  13. Internal and External Dialogue: a Swedish Approach to Quality Work in Courts

    Directory of Open Access Journals (Sweden)

    Marie B. Hagsgård

    2014-12-01

    Full Text Available When evaluation shows that a court is not delivering justice in the best possible way, change in the way a court operates can be hard to accomplish. One way is to engage all judges and staff in an internal and external dialogue about the way the court is functioning and how to improve it. When judges and staff are actively involved in evaluating the present situation, in analyzing, suggesting and implementing new measures and in evaluating the effects of those measures, improvements can be reached in the way the court operates in a range of areas. The deployment of such approach in a growing number of Swedish courts is an indicator of the success of the method.At present the majority of Swedish courts are involved in a broad external dialogue, where judges and staff attend meetings with prosecutors and lawyers and interview court users. The aim of the dialogue is to evaluate and improve information and treatment of parties and witnesses and the writing of intelligible judgments. Cuando una evaluación muestra que un tribunal no está administrando justicia de la mejor manera posible, puede ser difícil lograr cambiar la forma en que ese tribunal funciona. Una opción es involucrar a todos los jueces y personal en un diálogo interno y externo sobre el funcionamiento del tribunal y cómo se podría mejorar. Cuando los jueces y el personal participan activamente en la evaluación de la situación actual, analizando, sugiriendo y desarrollando nuevas medidas y evaluando los efectos de esas medidas, se pueden conseguir mejoras en la forma en la que el tribunal opera en diferentes áreas. El uso de este enfoque en un número creciente de tribunales suecos es un indicador del éxito del método.En la actualidad la mayoría de los tribunales suecos están involucrados en un amplio diálogo externo, en el que jueces y personal participan en reuniones con fiscales y abogados y se entrevistan con usuarios de los tribunales. El objetivo del diálogo es

  14. The Evolution of the Social Criminal Law on an International Wide Scale

    OpenAIRE

    Radu Razvan Popescu

    2009-01-01

    Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the la...

  15. Plate tectonics and offshore boundary delimitation: Tunisia-Libya case at the International Court of Justice

    Science.gov (United States)

    Stanley, Daniel Jean

    1982-03-01

    The first major offshore boundary dispute where plate tectonics constituted a significant argument was recently brought before the International Court of Justice by Libya and Tunisia concerning the delimitation of their continental shelves. Libya placed emphasis on this concept to determine natural prolongation of its land territory under the sea. Tunisia contested use of the entire African continental landmass as a reference unit and views geography, geomorphology and bathymetry as relevant as geology. The Court pronounced that “It is the outcome, not the evolution in the long-distant past, which is of importance.” Moreover, it is the present-day configuration of coasts and seabed that are the main factors, not geology.

  16. The relationship between mental healthcare utilization and criminal behaviors among internal medicine outpatients.

    Science.gov (United States)

    Sansone, Randy A; Lam, Charlene; Wiederman, Michael W

    2011-06-01

    According to the scant empirical literature, largely in studies of offenders, there appears to be a general but diffuse relationship between various psychiatric disorders and criminal behavior. In this study, we examined mental healthcare utilization, a general measure of psychiatric dysfunction, in relationship to a history of criminal behavior in a sample of internal medicine outpatients. In a consecutive sample of 376 internal medicine outpatients being seen predominantly by resident providers, we examined the relationship between 27 illegal behaviors (charges, not convictions) as delineated by the Federal Bureau of Investigation's crime cataloguing schema and four items related to mental healthcare utilization (i.e., ever been seen by a psychiatrist, ever been hospitalized in a psychiatric hospital, ever been in counseling, ever been on medication for your "nerves"). Twenty-two percent of the sample reported a history of having been charged with at least one criminal behavior. With the exception of ever having been on "nerve" medication, the remaining mental-healthcare-utilization variables demonstrated statistically significant relationships with the number of illegal behaviors reported. However, overall correlations were relatively weak. Using both a sample and methodology that is unique to the current literature, we found relationships between past mental health treatment and history of criminal behavior.

  17. The Influence of Cognitive Biases on Court Decisions. Contributions of Legal Psychology to the Adversary Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

    Full Text Available The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs are the bases of verdicts? How can aversions and public opinion have an impact in the court decision? This paper analyzes and states the differences of the judicial role in the Mexican adversarial system and the inquisitorial models of justice. It also critiques the categories of the judicial officers and presents the circumstances that make an impact on judicial decisions, according to Psychology studies. It finally classifies cognitive biases and concludes that the more knowledge judges have about it, the more imparcial judgments will be.

  18. Effect of Court Dimensions on Players' External and Internal Load during Small-Sided Handball Games.

    Science.gov (United States)

    Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

    2014-05-01

    The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers) small-sided handball games (each repeated twice). The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports) and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed), heart rate, and rating of perceived exertion (RPE). Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s(-1)) highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70) and more distance in the second (p = 0.049; ES = 0.73) and third (p = 0.012; ES = 0.51) speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69) with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities), the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m), a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p games can be used to manipulate both external and internal loads on the players. Key pointsTo cover the specific game demands, more specific

  19. an overview of the rome statute of the international criminal court

    African Journals Online (AJOL)

    OLAWUYI

    2001-06-12

    Jun 12, 2001 ... Nigeria official Gazette for a bill titled:- “An Act to enable effect to be given in the Federal .... Unlike the Nuremberg Charter, no nexus to an armed conflict is required for ... trafficking in persons, in particular women and children.

  20. Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2016-01-01

    during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications...

  1. The criminal victimization of children and women in international perspective

    NARCIS (Netherlands)

    van Dijk, Jan; Kury, Helmut; Redo, Slawomir; Shea, Evelyn

    2016-01-01

    Abstract In this article we will present an overview of the results of the national and international crime victims surveys regarding the distribution of victimization according to age and gender with a focus on violent crime. The results show a consistent inversed relationship between age and crimi

  2. The criminal victimization of children and women in international perspective

    NARCIS (Netherlands)

    van Dijk, Jan; Kury, Helmut; Redo, Slawomir; Shea, Evelyn

    2016-01-01

    Abstract In this article we will present an overview of the results of the national and international crime victims surveys regarding the distribution of victimization according to age and gender with a focus on violent crime. The results show a consistent inversed relationship between age and

  3. Importance and Necessity of International Judicial Cooperation in Criminal Matters

    Directory of Open Access Journals (Sweden)

    Domnica Doina Parcalabu

    2011-05-01

    Full Text Available Development of human society as a whole, the states and nations of the world has been possible due to international relations have been established and settled in time. In bilateral or multilateralinternational relations, countries have developed cooperative activities in a variety of areas, focusing on economic, cultural, environmental, political, military and legal. Progress in all areas in the past century haveimposed structural changes in the architecture world, something which inevitably led to the creation of a new international order, with the intensification of political dialogue that promoted peace, the need to respecthuman rights and fundamental freedoms, the principles of democracy and the rule of law. International cooperation is based on the principle of the permanent status and thus independence and sovereignty of theirdomestic law, held in legal rules produced. Over time, cooperation of states was carried out under bilateral or multilateral legal instruments, resulting in agreements, conventions, treaties etc. These legal instruments havea regional, regional or universal, against the interests of the signatories, the magnitude and importance of the areas addressed. Concerns in the direction of international cooperation have existed since ancient times(particularly in military and commercial, developing and diversifying them into permanent, over time, according to the existing common interests at a time between different states.

  4. Prabowo and the shortcomings of international justice

    DEFF Research Database (Denmark)

    Tan, Nikolas Feith

    2015-01-01

    under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...

  5. De invloed van international mensenrechten op internationaal strafprocesrecht

    NARCIS (Netherlands)

    Zeegers, K.J.; Abels, D.; Dolman, M.M.; Vriend, K.C.J.

    2013-01-01

    This chapter examines the impact of international human rights law on international criminal procedure. Given the fact that international criminal courts and tribunals (ICTs) are not party to human rights treaties, the question arises whether these norms formally even apply to them. The first part o

  6. The decision of the International Court of Justice related to preliminary exceptions in the Nicaragua v. Colombia case

    Directory of Open Access Journals (Sweden)

    Rafael Nieto Navia

    2010-05-01

    Full Text Available This article is divided into three main parts. The fi rst part presents the precedents in the case relating to delimiting the Caribbean Sea boundary between Nicaragua and Colombia. It analyzes the competence of the International Court of Justice – ICJ (the Court in accordance with Article 36 of the Statute of the Court; consequently, it studies the Declaration of the acceptance of the Competence of the Court presented by Colombia to the Permanent Court of International Justice in 1937 as well as the Bogota Pact of 1948 as to its applicability and breadth as regards the 1928 EsguerraBárcenas Treaty. The second part presents a detailed analysis of the decision of the Court on the preliminary exceptions in which it was determined that the sovereignty of the islands of San Andres, Providencia, and Santa Catalina was Colombian, that the Esguerra-Bárcenas Treaty was not treaty delimiting maritime boundaries and that it (the Court was competent to get to the foundation of the matter. The third part sets out the actions which still must be completed relative to the foundation of the case.

  7. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  8. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. the judges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  9. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver Buçaj

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism phenomena in line with the principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in the context of cyber attacks events in attempt to establish a legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  10. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver BUÇAJ

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none-European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  11. The Development of the Concept of the Crimes against Humanity in the Sources of International Criminal Law

    National Research Council Canada - National Science Library

    J Zilinskas

    2001-01-01

      Crimes against Humanity is one of the most dynamic categories in the International Criminal Law since it first appearance in the Charter of Nuremberg Military Tribunal in 1945 as an outgrowth of the war crimes...

  12. The Right to a Fair Trial and International Cooperation in Criminal Matters: Article 6 ECHR and the Recovery of Assets in Grand Corruption Cases

    Directory of Open Access Journals (Sweden)

    Radha Dawn Ivory

    2013-09-01

    Full Text Available Are fair trial rights general principles of transnational criminal law (TCL? If so, how do they protect individuals who are affected by transnational proceedings? Posing these questions in the context of international cooperation efforts aimed at ‘asset recovery’, this contribution asks whether State Parties to the European Convention on Human Rights (ECHR are likely to violate the right to a fair trial in Article 6 ECHR when they directly enforce confiscation orders that are issued abroad with respect to the proceeds, objects or instrumentalities of high-value, high-level political corruption offences or substitute assets. The European Court of Human Rights (ECtHR considers that ECHR State Parties might exceptionally violate Article 6 ECHR in cooperative cases if the alleged victim ‘has suffered or risks suffering a flagrant denial of a fair trial in the requesting country’. Surveying its case law, I argue that the ‘flagrant denial of justice’ standard greatly attenuates the right to a fair trial in cases of international cooperation in criminal matters. In practice, the Court appears unwilling to find violations of Article 6 ECHR in such cases when the foreign proceedings do not involve allegations of treatment contrary to Articles 2 or 3 ECHR. This, it is submitted, reflects the difficulty of assessing ‘fairness’ in globalised law enforcement situations, a factor that also complicates efforts to deduce a general principle of a right to a fair trial from ‘justice’ as an objective of TCL. If those principles are formulated inductively and comparatively, the ECtHR’s case law nevertheless goes some way towards showing that a weak transnational fair trial right may be a general principle of TCL within the ‘legal space’ of the ECHR.

  13. The Right to a Fair Trial and International Cooperation in Criminal Matters: Article 6 ECHR and the Recovery of Assets in Grand Corruption Cases

    Directory of Open Access Journals (Sweden)

    Radha Dawn Ivory

    2013-09-01

    Full Text Available Are fair trial rights general principles of transnational criminal law (TCL? If so, how do they protect individuals who are affected by transnational proceedings? Posing these questions in the context of international cooperation efforts aimed at ‘asset recovery’, this contribution asks whether State Parties to the European Convention on Human Rights (ECHR are likely to violate the right to a fair trial in Article 6 ECHR when they directly enforce confiscation orders that are issued abroad with respect to the proceeds, objects or instrumentalities of high-value, high-level political corruption offences or substitute assets. The European Court of Human Rights (ECtHR considers that ECHR State Parties might exceptionally violate Article 6 ECHR in cooperative cases if the alleged victim ‘has suffered or risks suffering a flagrant denial of a fair trial in the requesting country’. Surveying its case law, I argue that the ‘flagrant denial of justice’ standard greatly attenuates the right to a fair trial in cases of international cooperation in criminal matters. In practice, the Court appears unwilling to find violations of Article 6 ECHR in such cases when the foreign proceedings do not involve allegations of treatment contrary to Articles 2 or 3 ECHR. This, it is submitted, reflects the difficulty of assessing ‘fairness’ in globalised law enforcement situations, a factor that also complicates efforts to deduce a general principle of a right to a fair trial from ‘justice’ as an objective of TCL. If those principles are formulated inductively and comparatively, the ECtHR’s case law nevertheless goes some way towards showing that a weak transnational fair trial right may be a general principle of TCL within the ‘legal space’ of the ECHR.

  14. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

  15. The First Fruits in the Fight Against Corruption in Costa Rica: Conviction in a Criminal Court for Offenses under the Act Against Corruption

    Directory of Open Access Journals (Sweden)

    Jennifer Isabel Arroyo Chacón

    2015-12-01

    Full Text Available This paper analyzes and shares one of the first experiences generated in the fight against corruption in Costa Rica after the adoption of the Law against corruption and illicit enrichment in the public service in this country. To understand the case, this paper begins with a review of corruption fighting in Costa Rica, citing international and national legal instruments and the institutions responsibility for this function. Next, it analyses the penalization for the readers to understand the existing legal framework at the time of the events. Also, this document presents the judgment of the Third Chamber of the Supreme Court, which supports the conviction of the accused of the offenses of corruption in the public service. It details each offense and the reasoning displayed by the Court in its judgment, enriching the discussion of the fight against corruption in the public service. Finally, the document highlights the importance of this first precedent in the fight against corruption in the public service and follow suit.

  16. 职务犯罪案件中侦查人员出庭的若干问题探析%On the Problems of Investigator’s Appearance in Court in Abuse-of-power Criminal Cases

    Institute of Scientific and Technical Information of China (English)

    米卿; 师法起

    2014-01-01

    新刑诉法第五十七条明确规定了侦查人员出庭说明情况的几种情形,为该制度的推行铺平了道路。由于职务犯罪案件的特殊性,为更好的发挥该项制度的作用,舟山市检察机关针对职务犯罪案件侦查人员出庭相关问题开展探索,发现许多问题,也取得了诸多经验,同时也提出了进一步完善职务犯罪案件侦查人员出庭的建议。%The 57th Article of the new Criminal Procedure Law clearly defines several situations when investigators appear in court and make statements, which paves the way for the implementation of such system. Due to the particularity of abuse-of-power criminal cases and with the view to better perform the role of this system, the procuratorial organ of Zhoushan investigates the situation of investigators’ appearance in court in abuse-of-power cases and collects many problems as well as experiences; besides, the procuratorial organ also puts forward some suggestions to improve the investigators’ appearance in court in abuse-of-power cases.

  17. Fitness to stand trial under international criminal law: the historical context.

    Science.gov (United States)

    Freckelton, Ian; Karagiannakis, Magda

    2014-06-01

    Decision-making about fitness to stand trial and the consequences of a finding of unfitness are fundamental to the integrity of any criminal justice system. They create thresholds for when mentally and physically unwell people are mandated to participate in criminal proceedings and they address the outcomes of such decisions for unwell accused persons. The jurisprudence relating to fitness to stand trial under international criminal law has particular challenges and complexities. The origins of contemporary controversies and the bases for modern decisions lie in rulings by the Nuremberg and Tokyo tribunals in the immediate aftermath of the Second World War. The decisions relating to Gustav Krupp, Rudolf Hess, Julius Streicher and Shumei Okawa wrestled with issues that have since recurred in respect of how trial systems should respond to unwellness going to the heart of whether persons can participate meaningfully in their own trials but dealing too with the temptation for persons accused of matters as serious as crimes against humanity and genocide to malinger, exaggerate symptomatology and to generate delays for strategic objectives.

  18. THE SIGNIFICANCE OF THE COMPLEMENTARITY PRINCIPLE WITHIN THE ROME STATUTE IN INTERNATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Heribertus Jaka Triyana

    2014-03-01

    Full Text Available In practice, the application of the complementarity principle in the Rome Statute remains unclear, particularly with respect to the prioritization of national penal law jurisdiction. This paper willdiscuss the relevance of the complementarity principle to the development of a national criminal justice system and to the investigation and prosecution of the most serious crimes provided for in the Statute. It was concluded that the complementarity principle should be used to unravel the twisted development of the national criminal justice system in accordance with the provisions of international law. We need to establish our national criminal justice system as the main and foremost forum (hence, willing and able in the process of investigating and prosecuting the most serious crimes on earth. Dalam praktik, aplikasi Asas Pelengkap (the complementarity principle dalam Statuta Roma masihbelum jelas, khususnya terkait dengan pengutamaan (prioritization yurisdiksi hukum pidana nasional. Oleh karena itu, tulisan ini akan membahas relevansi asas tersebut terhadap pembangunan sistem hukum pidana nasional dan terhadap penyelidikan dan penuntutan kejahatan paling serius yang diatur dalam Statuta. Disimpulkan bahwa Asas Pelengkap harus Mahkamah digunakan sebagai pengurai benang kusutpembangunan sistem hukum pidana nasional Indonesia sesuai dengan ketentuan hukum internasional supaya menjadi forum utama (mau dan mampu dalam proses penyelidikan dan penuntutan kejahatan paling serius di muka bumi.

  19. The Roles of the Supreme Court of the Republic Indonesia in Enforcement of International Arbitral Awards in Indonesia

    Directory of Open Access Journals (Sweden)

    Mutiara Hikmah

    2013-09-01

    Full Text Available Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law.

  20. How to identify the person holding the highest position in the criminal hierarchy?

    Directory of Open Access Journals (Sweden)

    Grigoryev D.A.

    2014-12-01

    Full Text Available The current version of the resolution of the RF Supreme Court Plenum of June 10, 2010 N 12, clarifying the provisions of the law on liability for crimes committed by a person holding the highest position in the criminal hierarchy (Part 4 of Article 210 of the RF Criminal Code, is criticized. Evaluative character of the considered aggravating circumstance doesn’t allow to develop clear criteria for identifying the leaders of the criminal environment. Basing on the theory provisions and court practice, the authors suggest three criteria. The first criterion is specific actions including: establishment and leadership of the criminal association (criminal organization; coordinating criminal acts; creating sustainable links between different organized groups acting independently; dividing spheres of criminal influence, sharing criminal income and other criminal activities, indicating person’s authority and leadership in a particular area or in a particular sphere of activity. The second is having money, valuables and other property obtained by criminal means, without the person’s direct participation in their acquisition; transferring money, valuables and other property to that person systematically, without legal grounds (unjust enrichment; spending that money, valuables and other property to carry out criminal activities (crimes themselves and conditions of their commission. The third is international criminal ties manifested in committing one of the crimes under Part 1 of Article 210 of the RF Criminal Code, if this crime is transnational in nature; ties with extremist and (or terrorist organizations, as well as corruption ties. The court may use one or several of these criteria.

  1. The International Court of Justice and the Legality of UN Security Council Resolutions

    Directory of Open Access Journals (Sweden)

    Ušiak Jaroslav

    2014-09-01

    Full Text Available Through the United Nation’s Charter, the UN Security Council represents the most powerful executive institutional body in the field of collective security. Moreover, its ultra vires acts may have distinct legal consequences. Accordingly, questions arising from these facts are whether such a large scope of competences could be abused, what are the limits of the executed power and above all, affirmation of the legality of the actions of Council. Predominantly by means of the analytical method as well as a case study of the Lockerbie case, the present study provides the related argumentative discourse. Notwithstanding the fact that the decisions of the Council appear to be without any limitations, it is obliged to act within the purposes and principles of the UN Charter. The opinion of the International Court of Justice on the legality of the SC’s actions in the field of collective security are still, however, indirectly expressed through its general function.

  2. Plate tectonics and offshore boundary delimitation: Tunisia-Libya case at the International Court of Justice

    Energy Technology Data Exchange (ETDEWEB)

    Stanley, D.J.

    1983-03-01

    Advances in the technology for exploiting resources of the oceans, particularly recovery of hydrocarbons and minerals in deep water, is benefiting a growing number of nations. At the same time, however, economic and political pressures have induced concern and there is now a much increased emphasis on jurisdiction to divide the offshore areas between the 132 coastal nations. Negotiations affect research operations at sea and, in consequence, marine scientists have been made aware of offshore problems as highlighted by the Law of the Sea Treaty (UNCLOS III) and complications arising from the legal versus scientific definitions of continental shelves and margins. The first major offshore boundary case of international scope where plate tectonics has constituted a significant argument is the one recently brought before the International Court of Justice by Libya and Tunisia concerning the delimitation of their continental shelves. Of the two parties, Libya placed the greatest emphasis on this concept as a means to determine natural prolongation of its land territory into and under the sea. Tunisia contested Libya's use of the whole of the African continental landmass as a reference unit; in Tunisia's view, considerations of geography, geomorphology, and bathymetry are at least as relevant as are those of geology. In its landmark judgment (February 1982) - which almost certainly will have far-reaching consequences in future such boundary delimitation cases - the court pronounced that It is the outcome, not the evolution in the long-distant past, which is of importance, and that it is the present-day configuration of the coasts and sea bed which are the main factors to be considered, not geology.

  3. To Protect Marine Biological Resources by Taking Advantage of International Criminal Law%利用国际刑法保护海洋生物资源

    Institute of Scientific and Technical Information of China (English)

    王吉春

    2015-01-01

    海洋生物资源是不可再生的资源,其重要性已被越来越多的国家所认识到。各国通过立法对本国领海和专属经济区的海洋生物资源进行保护。然而,对于公海领域的海洋生物资源目前为止虽然已有了相关国际协定做出了原则性的规定,但是,对于破坏海洋生物资源的行为,缺失有效的制裁方式。因此,对海洋生物资源在国际刑法的领域中探求有效的保护方式,要利用国际刑事法院打击破坏海洋生物资源的行为。%Marine biological resources are not renewable resources, the importance of which has been recognized by more and more countries.Through the legislation, countries protect their own territorial waters and marine biological resources in the exclusive economic zone.However, for the marine biological resources in international waters, although there are the relevant international agreements, it still lacks of effective sanctions for their destruction.The author hopes that effective protection can be found for the marine biological resources in the field of international criminal law, and the International Criminal Court can be used to crack down the destruction of marine biological resources.

  4. Drug-Exposed Infant Cases in Juvenile Court: Risk Factors and Court Outcomes.

    Science.gov (United States)

    Sagatun-Edwards, Inger; Saylor, Coleen

    2000-01-01

    This longitudinal study of social services and juvenile court files identified factors associated with court outcomes for drug exposed infants (N=118). Regression analysis suggested that mothers' compliance with court orders was the major predictor of court outcomes although chi square analysis found ethnicity, past referrals, and criminal record…

  5. PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin

    2017-01-01

    Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

  6. "It shall contribute to ... the strict observance and development of international law...": The role of the Court of Justice

    NARCIS (Netherlands)

    Kuijper, P.J.; Rosas, A.; Levits, E.; Bot, Y.

    2013-01-01

    This contribution seeks to analyse the contribution of the European Court of Justice (ECJ) to the European Union’s duty to contribute to the strict observation and development of international law (Article 3.5 TEU). The introduction shows that the ECJ’s hands were largely tied by some basic provisio

  7. The Juvenile Court: Changes and Challenges.

    Science.gov (United States)

    Feld, Barry C.

    2000-01-01

    Explores the changes in the juvenile court system, in particular, the juvenile waiver and sentencing laws, as it transformed from a social welfare agency into a type of criminal court system for young offenders. Addresses whether states should create an integrated juvenile and criminal justice system. (CMK)

  8. The Distinction between Civil and Criminal Law: A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

    Science.gov (United States)

    Administrative Office of the United States Courts, Washington, DC.

    The O. J. Simpson trials taught much of the United States a basic lesson in the difference between criminal law and civil law. Many students learn in their government classes that a person cannot be tried twice for the same crime. A person found innocent in a criminal trial, however, can be sued under civil law procedures for damages. It is…

  9. The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

    the framework of EU external relations (Council of the European Union 2003; European Commission 2006 and 2014). This commitment might seem natural, the EU being a multilateral organization itself. However, this intuition that the EU – as an internally multilateral actor – should also display more commitment...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

  10. L’argumentation à la Cour d’Assises brésilienne : les émotions dans le genre du rapport de police Argumentation at the Brazilian criminal court: emotions and power relations in the police report

    Directory of Open Access Journals (Sweden)

    Helcira Maria Rodrigues de Lima

    2011-10-01

    Full Text Available Dans cet article tiré d’une étude plus globale sur le fonctionnement du discours véhiculé dans et par la Cour d’Assises au Brésil, notre objectif est d’entamer une réflexion sur le rôle de l’émotion dans la construction argumentative des discours constitutifs de cette instance judiciaire, en tenant compte des relations de pouvoir qu’elle instaure. Pour cela on procède à l’analyse du « Boletim de Ocorrências » (BO, document rédigé par un policier sur les lieux du crime et qui constitue la première mise en scène de l’affaire criminelle.In this paper, which is part of a wider research about how discourse functions within the criminal court in Brazil, we investigate the role of emotion in the argumentative construction of the discourse of the court, taking into account the power relations of the latter. Thus, we analyze the “Boletim de Ocorrências” or “BO�����, a police report written on the scene of the crime and which represents the first “stage setting” of the “criminal case”.

  11. International settlement of mass atrocity claims: responses by domestic courts: inventory report. - Rev. version

    NARCIS (Netherlands)

    Kristjánsdóttir, E.

    2009-01-01

    Work Package 7 (WP7) of the DOMAC research programme studies the interplay between mass claims processes (MCPs) and litigation in domestic courts. Its focus is primarily on how MCPs have been challenged in domestic courts. Reparations have been granted to victims through various forms of MCPs—both a

  12. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

    Full Text Available This is a research on interpreting (oral translation on a criminal case ofdrug user in the court proceedings at Denpasar Court. The study of theinterpreting is concerned with two-ways rendition from Indonesian into Englishand vice-versa. The study is related to: (1 the description of modes of interpretingapplied by the interpreter, (2 the application of translation strategies: shift,addition and deletion of information, (3 factors that underlie the application ofthe strategies, and (4 the impact of the application of those strategies towards thequality of the interpreting.The methodology applied in this study is qualitative based on eclectictheories (translation, syntax, semantics and pragmatics. The utilization of thetheories is in accordance with the type of the data analyzed in regard to thetranslation phenomena as an applied study and its complexity.The interpreting at court applied the consecutive and simultaneous modes.The strategy of shift was applied when there were differences in structure betweenthe source and the target languages. Addition of information was used when theinterpreter emphasized the message of the source language in the target language.The deletion of information applied if the context in the target language has beencovered, and it was not necessary for the interpreter to interpret the same thingbecause the message of the source language was pragmatically implied in thetarget language.The factors which underlie the application of the interpreting strategies incourt interpreting were communication factor and the differences in the languagesystems between the source and the target languages. The impact of the use of thestrategies towards the quality of the interpreting happened when the interpretationof the source language message into the message of the target language and themessage in the source language was not completely render into the targetlanguage.The novelties of the research are: (1 relevance theory and its

  13. Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

    My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...

  14. Limited criminal jurisdiction on investigation and judgement of High-ranking government officials. Procedural issues.

    Directory of Open Access Journals (Sweden)

    Carlos Arturo Gómez Pavajeau

    2015-12-01

    Full Text Available The Constitution of Colombia provides that certain senior officials, because of their position, should be investigated and tried by the Supreme Court (members of Congress or by the same Court upon indictment by the General Attorney (art. 235 n. 4. The Constitution provides that the President, the judges of the high courts and the prosecutor also have a special status, as the investigation and prosecution is allocated in the Senate, previous accusation in the House of Representatives, and in the Supreme Court for the common crimes. The criminal and disciplinary jurisdiction of investigation and prosecution has generated countless controversies at the doctrinal and jurisprudential level, related to the exclusive competence of the Prosecutor General’s Office and the judges of the Supreme Court to advance the investigation. In particular, the impossibility of delegating the commission of evidence and proceedings related to jurisdiction in such processes; the courts and their relationship with the position or function; the retention or recovery of competition by the criminal court room after renouncing the jurisdiction in the parapolitics processes; the notion tenure as a basis for criminal jurisdiction in the case of the governors in charge; a second hearing as a minimum guarantee derived from international standards on human rights and the issue related to jurisdiction and impunity on the subject of political or “impeachment” judgments.

  15. Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia )

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2015-01-01

    Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person’s right to a fair trial...... and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed...... in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity...

  16. Radbruch Redux : The need for revisiting the conversation between common and civil law at root level at the example of international criminal justice

    NARCIS (Netherlands)

    Bohlander, Michael

    2011-01-01

    International criminal justice is based to a large extent on extrapolations from criminal-law research on domestic systems. The difficult exercise of arriving at a common denominator is exacerbated by the systemic dichotomy of the so-called common-law and civil-law models, which, in turn, have now b

  17. Codifying a jurist’s law: Islamic criminal legislation and Supreme Court case law in the Sudan under Numairi and Bashīr

    NARCIS (Netherlands)

    Köndgen, O.A.

    2013-01-01

    In 1983 the Sudan introduced for the first time an Islamized penal code which, after a period of strict application, was first suspended with regard to the harsher corporal punishments and subsequently replaced in 1991 by a new, overhauled Criminal Act. The present thesis analyses Islamized Sudanese

  18. Postcode Criminals

    Science.gov (United States)

    Hiett, Sandra; Kushner, Joann

    2013-01-01

    Postcode Criminals was the second phase of an international participatory community arts project challenging negative stereotypes of urban youth. Concerned with the impact of zero tolerance community policing strategies in the UK and USA, artists Joann Kushner and Dread Scott developed an art-based project with a social justice agenda. To give…

  19. Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

    NARCIS (Netherlands)

    H. van der Wilt

    2015-01-01

    This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this s

  20. Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

    NARCIS (Netherlands)

    van der Wilt, H.

    2015-01-01

    This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this s

  1. Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

    NARCIS (Netherlands)

    van der Wilt, H.

    2015-01-01

    This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this

  2. Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

    Directory of Open Access Journals (Sweden)

    Ana Alba Betancourt

    2016-04-01

    Full Text Available Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC. This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent an advantage compared to the current litigation system? The paper argues that it does and explores what it considers to be the two main advantages of a UPC over the current system of cross-border litigation of patents: the ability to drag several conflicts to a single procedure and the neutrality of the decision makers. These advantages are consequently compared to the characteristics of arbitration. Then, an explanation is provided with regards to how the UPC system is going to work in terms of jurisdiction, preliminary injunctions, the choice of law and enforcement of decisions, comparing those same procedural aspects to arbitration. The article finds that arbitration involves many of the same advantages (as compared to the UPC and that the procedural issues studied in both means are, so too, similar. Therefore, arbitration represents a viable alternative to the UPC when it comes to reducing the risks in solving cross-border patent conflicts.

  3. 跨行政区划法院和检察院及其刑事管辖权研究%Research on Court and Procuratorate of Crossing Administrative Region and their Criminal Jurisdiction

    Institute of Scientific and Technical Information of China (English)

    宋振策

    2015-01-01

    跨行政区划法院和检察院的管辖地域不再与《宪法》第30条规定的四级行政区相对应,实现了司法管辖区与行政区划的分离,这是其本质特征.跨行政区划法院和检察院设立的初衷和直接动力是为了革除现行司法体制的弊端之一——司法地方化,其刑事管辖功能定位是保障司法公正、实现指定管辖的集中化与法定化、分流特殊案件与合理配置司法资源以及促进国家法律统一正确实施.研究跨行政区划法院和检察院的受案范围及其制度设计仍存在一定的局限性,有待于进一步完善.%The jurisdiction of court and procuratorate of crossing administrative region is no longer corresponding with any of the four level administrative regions which are established by article 30 of China's constitution. They have realized the separation of jurisdiction and administrative region, which is their essential character. The direct purpose and impetus of setting up court and procuratorate of crossing administrative region are to abolish localization of court and procuratorate which is one of the drawbacks of current judicial system. Their function orientations of criminal jurisdiction are to guarantee justice, to realize centralization and legalization of altering jurisdiction by order, to shunt special cases and allocate judicial resources rationally, and to implement law unified and correctly. The jurisdiction and system design of court and procuratorate of crossing administrative region still have some limitations, remain to be further improved.

  4. Quand la justice pénale internationale s’empare de la réconciliation nationale When international criminal justice captures « national reconciliation »

    Directory of Open Access Journals (Sweden)

    Sara Liwerant

    2009-02-01

    Full Text Available Si aujourd’hui les Tribunaux pénaux internationaux pour l’ex-Yougoslavie et pour le Rwanda affirment qu’ils ont pour objectif de favoriser la restauration de la paix, cette mission puise pourtant ses racines dans une réglementation des comportements dans la guerre. Cette généalogie révèle un changement de mission du droit pénal international qui, associant progressivement justice et paix, a conduit récemment à y adjoindre la « réconciliation nationale ». Sans être définie, la « réconciliation nationale » va s’introduire dans le vocable des juges internationaux. Ainsi, lors de la détermination de la peine, les juges vont considérer que les efforts de l’accusé en faveur de la réconciliation nationale est un élément susceptible de réduire la peine au titre des circonstances atténuantes. A partir d’une analyse de l’ensemble des décisions des deux Tribunaux pénaux internationaux, cet article analyse sens et enjeux de l’appropriation de la « réconciliation nationale » par la justice pénale internationale saisie par des impératifs collectifs.Although the international criminal courts for the Former Yugoslavia and for Rwanda claim that their goal is to contribute to the restoration and the maintenance of peace, their mission originates in the laws of war. This genealogy reveals a shift in international criminal law’s missions. Combining « justice » and « peace », the international judges have added the notion of « national reconciliation » to their vocabulary without defining it. Thus to give a « fair sentence » judges are willing to consider the defendant’s efforts in favor of national reconciliation among the elements that they take into account as mitigating factors. Analyzing the judgments of the international criminal tribunal for the former Yugoslavia and for the Rwanda, this article explores what is at stake when international criminal justice is faced with social

  5. International Criminal Court and terrorism: jurisdiction of International Criminal Court%国际刑事法院与恐怖主义犯罪--国际刑事法院管辖权之再探讨

    Institute of Scientific and Technical Information of China (English)

    毛芳

    2005-01-01

    国际刑事法院的成立,是国际刑法发展史上的一个重要里程碑,然而,新生的国际刑事法院对恐怖主义犯罪却缺乏相应的管辖权.把恐怖主义犯罪纳入国际刑事法院的管辖范围,是反恐斗争和国际刑法发展的必然要求.

  6. An Open Access Source for the Study of Religion and the Law: The Proceedings of the Old Bailey: London's Central Criminal Court 1674-1913

    Directory of Open Access Journals (Sweden)

    Fred Guyette

    2008-11-01

    Full Text Available The work of theological librarians is in a state of rapid flux as collections of digitized texts become more widely available, and as theological education continues to shift from paper to a more electronic research environment. /The Proceedings of the/ /Old Bailey, London 1674-1913 /is a rich collection of court records, now freely available on the World Wide Web (http://www.oldbaileyonline.org.uk/ . The study of a small, but meaningful selection of texts from the /OBP/ shows how theological librarians can use this resource to advance the conversation between religion and law. Five examples are offered to indicate how this might be done.

  7. Principles and Rules Applicable to Territorial Settlement Disputes in the Light of the Jurisprudence of the International Court of Justice

    Directory of Open Access Journals (Sweden)

    Ana Gemma López Martín

    2014-02-01

    Full Text Available Unfortunately territorial conflicts are a constant in international relations, being of great importance that they are settled in a peaceful way. The work of the International Court of Justice in this regard has been fundamental. Its extensive jurisprudence in this area has generated a number of principles and rules on which this arrangement is based, such as the principle of continuity of territorial treaties, the principle of uti possidetis iuris, the primacy of legal title, the relativity of the effectiveness, or the critical date. The knowledge of these principles and rules is essential for future arrangements.

  8. Legitimising the Juba Peace Agreement on Accountability and Reconciliation: The International Criminal Court as a Third-party Actor?

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    2017-01-01

    This article analyses the Juba peace negotiations on accountability and reconciliation. It advances a new interpretation of the Agreement on Accountability and Reconciliation, focusing on five justice features: National proceedings, restorative accountability, alternative sentencing, individual r...

  9. THE JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION TO DELIVER A CANCELLATION JUDGMENT REGARDING THE INTERNATIONAL AGREEMENTS TO WHICH THE EU IS PARTY

    Directory of Open Access Journals (Sweden)

    Roxana-Mariana POPESCU

    2016-06-01

    Full Text Available In the case where international agreements are treated as legal acts of EU institutions, they may be subject to judicial review exercised by the Court in Luxembourg. Given the fact that we assimilate international agreements to legal acts of the European Union, we would be tempted to ask ourselves the following questions: to what extent declaring an agreement, by a judgment of the Court of Justice of the EU delivered in the action for cancellation, as being inapplicable to the EU legal order, affects the security of international relationships? If these relationships are affected, is it possible to exclude the subsequent verification conducted by the Court? In the study below, our purpose is to find answer to these questions.

  10. Opinions of members of the National Civil (Family Proceedings) and Criminal Courts in withholding or withdrawing of life support situations in pediatrics.

    Science.gov (United States)

    Selandari, Jorge O; Ciruzzi, María S; Roitman, Adriel J; Ledesma, Fernanda; Menéndez, Célica; García, Hernán O

    2016-08-01

    The possibility of sustaining life functions makes it difficult to distinguish between a dying patient and a patient with chances of survival, raising a dilemma for everyone around them. On the one side, continuing with life support techniques that would only extend an irreversible process and result in physical and psychological damage and harm their dignity. On the other side, withholding or withdrawing life support without an adequate reflection and diagnostic-therapeutic effort which may lead to the death of a potentially recoverable child. In addition, making decisions in this context implies facing barriers that hinder the possibility of pursuing the patient's best interest. Among such barriers, the fear of litigation plays a major role. To what extent is this fear justified? To explore the opinions of the members of the National Judiciary regarding the approach to withholding or withdrawing of life support from a legal stance. Professionals working in the criminal, civil and forensic medicine settings. Semistructured survey on three hypothetical case histories that implied making a decision to withhold or withdraw life support. One hundred and eighty-five surveys were distributed; 68 (36.76%) were partially completed and 51 (30.3%), in full. Twenty-eight (55%) survey respondents did not criminalize any of the three cases presented. Thirteen (25%) respondents considered that the decisions made in the three cases constituted a crime; 6 (12%), only in one case; and 4 (8%), in two out of the three. Crimes described by survey respondents included intentional homicide, wrongful death, and failure to render assistance. Forty-five percent of survey respondents considered that decisions made involved some form of crime. Sociedad Argentina de Pediatría.

  11. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    Science.gov (United States)

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

  12. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    Science.gov (United States)

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

  13. The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

    Directory of Open Access Journals (Sweden)

    Vinesh Basdeo

    2014-08-01

    Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

  14. National courts, international crimes and the functional immunity of state officials

    NARCIS (Netherlands)

    van Alebeek, R.

    2012-01-01

    This article examines the extent to which state officials are shielded from foreign jurisdiction by functional immunity when they stand accused of committing international crimes. It argues that the development of the principle of individual responsibility for international crimes should be

  15. THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Lamya - Diana AL-KAWADRI

    2014-06-01

    Full Text Available This study aims to analyze the case law of the ECJ and ECHR on the nature of administrative sanctions and their relation to criminal law. Also, some important criteria used by different Member States in their own legal systems in differentiating between criminal and administrative sanctions are presented. As it will be shown in this study, in establishing the difference between administrative and criminal offence sanctions, the case law of both the European Court of Human Rights and the Court of Justice of the European Union offer an indirect definition of criminal offence through its penalty. Thus, a certain behavior, if sanctioned in a procedure that could be labeled as ‘criminal procedure’, is necessarily a criminal offence.

  16. 论国际人权法对国际刑法的影响%The Impact of International Human Rights Law on International Criminal Law

    Institute of Scientific and Technical Information of China (English)

    盛红生

    2012-01-01

    冷战结束后,国际人权法获得了较为广阔的生长空间,国际刑法也进入复兴和快速发展的阶段。国际人权法对国际刑法各个领域的影响都十分明显,从基本原则到具体规则,从实体法到程序法,从刑罚制度设计到刑罚的执行,并努力在保护被害人与保障被告人权利两者之间保持微妙的平衡。然而,透过国际人权法推动国际刑法发展的帷幔,不难发现其背后"人权"和"主权"之间的紧张博弈:为保护人权,国际人权法引领着国际刑法试图突破国家领土的藩篱进而穿透国家主权的坚硬"铠甲";国家则奋力祭起"主权"大旗并诉诸"司法独立"的坚固盾牌,抵御某些外部政治实体利用国际刑事司法机构干涉其内政、侵蚀其"司法独立",以最大限度地维护国家利益。%When the Cold War came to a closure eventually,international human rights law enjoyed a relatively larger space for further evolution,and international criminal justice has also stepped into a period of renaissance and rapid development as well.The impacts on all the aspects of international criminal law imposed by international human rights law are quite prominent but in multi-fold,namely,from general principles to particular rules,from substantive matters to procedure,from conviction and sentencing to service of penalty,and furthermore an endeavor has been made deliberately to keep a delicate balance between the two ends,i.e.,to protect the victims human rights violation,and to guarantee the rights of the accused concurrently.However,through the mosaic curtain shading promotion of international criminal law by human rights law,it is not hard to trace the fierce race between human rights and sovereignty:On the one hand international human rights law leads international criminal law in attempting to penetrate castle of national territory by coercion,and moreover to pierce hard coat of arms of the state sovereignty

  17. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    Directory of Open Access Journals (Sweden)

    Etilda Gjonaj Saliu

    2016-07-01

    Full Text Available The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in identifying the issues and provide recommendations, with the main goal of improvement of the legislation and its best implementation in practice by the criminal justice instances, particularly by the prosecution and the court. Through the conclusions derived by this article is intended to exert the right pressure towards state authorities, to improve and better orient criminal policy and to increase the use of alternatives to the precautionary measure of “jail arrest” and imprisonment.

  18. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    Science.gov (United States)

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.

    2012-01-01

    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  19. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    Science.gov (United States)

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.

    2012-01-01

    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  20. Seeing the Improvement of the criminal trial structure from China's criminal courtroom arrangements (tribunal design)

    Institute of Scientific and Technical Information of China (English)

    BIAN Jianlin; LI Jingjing

    2006-01-01

    The setting of criminal court has become an important representation of the criminal trial structure due to its visual and vivid reflection of the legal position and relations among the three parties of litigation,i.e.the prosecuting party,the advocating party and the judge.As a result of the influence of ancient "inquest" centered trial mode,lack of the defendant's fight to silence and incomplete revolution of the criminal trial mode,the existing criminal court setting features an umbrella shaped structure.To reform the criminal trial structure in China,we should eliminate the air of "inquest" from the existing court interrogation mode,strengthen the hearing of evidence and set up a equiangular triangle shaped trial structure of neutral trial,equality between the prosecuting and advocating parties and litigant oriented.

  1. The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice

    OpenAIRE

    2013-01-01

    The aim of this paper is to present the regulation of sustainable development on international level. The sustainable development was defined in the middle of 1980s and from that moment it incites discussions among lawyers about its relevance in international law. Some authors state that it is not a fully formed principle but that it is in the process of creation. The exception from this opinion is the position of the Judge Weeramantry in the Case Gabčíkovo-Nagymaros before the International ...

  2. International Responsibility of the Colombian State Facing the Inter-American Court on Human Rights for the Ineffectiveness of Internal Justice

    Directory of Open Access Journals (Sweden)

    Mayra Mestizo Sosa

    2015-10-01

    Full Text Available Currently the international responsibility of the Colombian State facing the Inter-American Court of human rights, shows an increase in violations of standards contemplated by the international law of human rights, which expose a complex situation at the internal justice in a missing procedural dynamic that improves the process instruction and clarifies the circumstances and responsibilities required. A pattern of solution proportional to each stage of the administration of Justice is identified, corresponding to inquiry and research and providing an orientation method based on the balance of matrix models, efficient when formulating a clear and evident justice, which means having the ability to identify the simple from the complex facing the ineffectiveness of the internal justice. The methodology used was analytical, documentary and explanatory, having as main support the American Convention on human rights. In conclusion, the Colombian State must generate monitoring and control mechanisms with transparency, objectivity and independence criteria in the macro and micro processes of the administration of Justice. In addition, proper and efficient implementation of a ranked legal strategy, that provides a true legal evolution.

  3. On Banks, Courts and International Law: The Intergovernmental Agreement on the Single Resolution Fund in Context

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    2014-01-01

    with the constitutional logic of leaving decisions about economic questions in the political process. In light of these weaknesses, the article explains that the intergovernmental agreement was tolerated by the European Parliament to secure completion of the Banking Union before the 2014 EU elections, but concludes......In May 2014, 26 Member States of the EU concluded an intergovernmental agreement on the transfer and mutualization of contribution to the Single Resolution Fund (SRF). This international treaty constitutes a core component of the second pillar of the European Banking Union – the Single Resolution...... Mechanism, to wind down failing banks in the Euro-zone – and complements an EU regulation adopted by the European Parliament and the Council creating the SRF. This article critically analyses the choice to use international law to adopt the rules on transfer and mutualization of contributions to the SRF...

  4. TRAINING OF DEVELOPMENT OF SKILLS OF PROFESSIONAL COMMUNICATION THE SECURITY OFFICER OF THE CRIMINAL INVESTIGATION DEPARTMENT OF THE INTERNAL AFFAIRS

    Directory of Open Access Journals (Sweden)

    Yuliya Leonidovna Lampusova

    2015-08-01

    Full Text Available Training is a form of active learning that is aimed at developing knowledge, skills, and attitudes. To improve operational security officers of Internal Affairs Agencies activity, we have schemed out training for the development of communication skills. This paper presents the exercises focusing on the professional communication skills of employees of the Criminal Investigation Department of the Interior development. Eight exercises are described, the main objectives of them are: learning to navigate the feelings of the partner, the ability to change the position of the interlocutor, the formation of the ability to listen to the end and not to interrupt, developing the ability to talk, improving the communicative competence and the development of the ability to accurately convey information.

  5. The Advisory Opinion of the International Court of Justice on Kosovo's Declaration of Independence

    Directory of Open Access Journals (Sweden)

    Besnik MURATI

    2017-03-01

    Full Text Available The question raised by Serbia at the ICJ that, “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”, is my main focus in this study. The purpose of the paper is the study and analysis of the advisory opinion of the ICJ on Kosovo's declaration of independence. In the beginning, I will make a brief chronology of the process up to the Declaration of Independence, offering historical and legal facts that this way of declaration of independence was the only option for Kosovo. Later, I will focus on contesting the declaration of independence from Serbia at the ICJ of UN. After contesting the Declaration of Independence, will analyze the review and its judgment the ICJ, whether ICJ had jurisdiction in the treatment and trial of the case, countries with their statements that were in support of Kosovo and countries which they were against it and in favor of Serbia. After review and trial at the ICJ, I would analyze the decision of the ICJ that Kosovo's declaration of independence was in accordance with International Law? In conclusion, I would summarize the whole of the paper, the process through which Kosovo went during this period. Was also an undeniable fact that the Declaration of Independence was the only remaining option for Kosovo and its people?

  6. THE CONTROL EXERCISED BY THE COURT OF JUSTICE IN LUXEMBOURG ON INTERNATIONAL AGREEMENTS TO WHICH THE EUROPEAN UNION IS A PARTY

    Directory of Open Access Journals (Sweden)

    Roxana-Mariana POPESCU

    2015-12-01

    Full Text Available The European Union as subject of international law can conclude external agreements, under a procedure which is the object of art. 218 of the Treaty on the Functioning of the European Union (TFEU. Regarding the legal force of such agreements, the Court of Justice of the European Union ruled that they were part of the EU legal order. In addition, pursuant to provisions of art. 216 para. (2 TFEU, these agreements „link Union institutions and their Member States”. However, it should be noted that the competence of the Court of Justice in Luxembourg reflects also its ability to rule, at the request of a Member State, the European Parliament, the Council or the Commission on the compatibility of an international agreement with constitutive treaties, whether prior to the entry into force of an international agreement or later. Considering this aspect, in the contents of our study, we shall highlight, by using the specialized doctrine and case law in the field, the role that the Court of Justice of EU has in the field of control over international agreements. This analysis will consider the control aimed at formal validity (compliance with the procedure of adoption, on the one hand, and the control on the substance (compliance of the agreement with EU primary law.

  7. Assessing the criminal responsibility of individuals with multiple personality disorder: legal cases, legal theory.

    Science.gov (United States)

    Behnke, S H

    1997-01-01

    This article discusses the criminal responsibility of individuals diagnosed with multiple personality disorder (MPD). First, it reviews how courts understand and assess criminal responsibility. Second, it gives an overview of how courts have applied the doctrine of criminal responsibility to individuals with MPD. Third, it explains what legal theorists say about this question. Finally, it uses a case example to illustrate how various theorists would assess the responsibility of a criminal defendant with MPD.

  8. Comprehensive legal aid to the participants in criminal proceedings when applying security measures

    Directory of Open Access Journals (Sweden)

    Fadeev P.V.

    2014-12-01

    Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

  9. Psychiatric aspects of criminal responsibility: insanity and mitigation.

    Science.gov (United States)

    Burrows, Maureen; Reid, William H

    2011-11-01

    Forensic psychiatry expertise may be useful to criminal courts in several ways, including evaluating competence (e.g., to stand trial, waive Miranda rights, confess, plead, represent oneself, or be sentenced), assessing responsibility for alleged criminal behavior, and clarifying mental or psychosocial factors that may mitigate criminal charges or the form and severity of punishment. This column focuses on psychiatric/psychological aspects of mitigation in criminal matters.

  10. On the Legal Regime of Remanding a Case to the Original Court for a Retrial in the Draft Amendment of Criminal Procedure Law%论刑事诉讼法修正案草案中发回重审制度之建构

    Institute of Scientific and Technical Information of China (English)

    张元鹏; 李寿荣

    2012-01-01

    刑事诉讼二审中的发回重审制度一直是人们争论不休的课题。新草案对二审中的发回重审仅仅提到了一点,即限制因事实不清证据不足而发回重审的次数。但这种蜻蜓点水式的修改依然不能令人满意,而且存在着理解上的歧义。文章比较分析了草案前后对发回重审的不同规定,并结合草案和现行刑诉法关于二审中发回重审的规定分析了发回重审存在的矛盾,最后借刑诉法修改之际提出了自己关于二审中发回重审的修改意见,希望新法能够对此进行明确合理地规定,让正义能够以看得见的方式实现。%The legal regime of remanding a case to the original court for a retrial in the second instance of criminal proceedings has been a vexed subject. Although there is a minor change in the draft amendment of criminal procedure law, i.e. to limit the times of remanding a case to the original court for a retrial because of unclear facts and insufficient evidences in the original judgment, this superficial revision is still not satisfactory and ambiguous. This paper compares the different provisions of remanding a case to the original court for a retrial in different draft amendments, analyzes the conflict of the provision of remanding a case to the original court for a retrial between the existing criminal procedure law and the draft amendment, and finally puts forward the author's revised opinion and hopes that the new criminal procedure law can give a clear and reasonable provision so that justice can achieve in a visible manner.

  11. 多措并举加强适用简易程序刑事案件公诉人出庭支持公诉%Taking measures to strengthen the prosecu- tors" appearing in court to support the pros- ecution in criminal cases applied summary procedure.

    Institute of Scientific and Technical Information of China (English)

    肖红

    2012-01-01

    Applying summary procedures to handling criminal cases that the defendant pleads guilty is the inevitable choice to solve the contradictions that cases are more than oflficers in the procuratorial organs in recent years, but also the inevitable re- quirement of maintaining justice and pro- tecting the legitimate rights and interests of the parties. This article aims to analyze the situation that the prosecutors" appearing in court in criminal cases applied summary procedure interpret the impact and chal- lenges of the amendment of the Code of Criminal Procedure to the grass-roots procuratorates work, and explore new ini- tiatives to implement the prosecutors" ap- pearing in court to support the prosecution in criminal cases applied summary proce- dure.%适用简易程序办理被告人认罪的刑事案件,是解决近年来检察机关案多人少矛盾的必然选择,也是维护司法公正,保障当事人合法权益的必然要求。本文旨在通过对简易程序刑事案件公诉人出庭现状进行分析,解读刑事诉讼法修改对基层检察院工作带来的影响和挑战,探求践行简易程序刑事案件公诉人出庭支持公诉的新举措。

  12. Criminal Protection Of The Criminal Legal Proceedings Lawful Procedure

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-09-01

    Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.

  13. Supreme Court rejects challenge to FACE.

    Science.gov (United States)

    1996-10-25

    On October 7, the US Supreme Court declined to hear Skott vs. US, a case challenging the Freedom of Access to Clinic Entrances Act (FACE). The 1994 law makes it a federal crime to use or attempt to use force, threat of force, or physical obstruction to injure, intimidate, or interfere with reproductive health care providers and their patients. The case came to the High Court after the US Court of Appeals for the Seventh Circuit overturned an earlier district court ruling and upheld the constitutionality of the federal statute in December 1995. Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women's health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress. FACE has been upheld by the US Courts of Appeal for the Fourth, Eighth, and Eleventh Circuits and eleven federal district courts. Two district courts have found the law invalid. This marks the third time the High Court has refused to hear a challenge to the law.

  14. [Importance of the initial examination after a rape in considering the criminal penalty and indemnification of the victim in a civil suit. Review of the documents from one Court of Assizes over 11 years].

    Science.gov (United States)

    Soutoul, J H; Froge, E; Bizouarne, C; Pierre, F; Aglan, A

    1988-01-01

    The gynaecologist-obstetrician may be the medical witness who has to give evidence about the extent of the initial trauma after the presumption of a sexual assault on a victim who comes to consult him, or as an expert witness. The certificate that he gives at the time of the first consultation is an essential document for the examining magistrates who have to decide whether there has been an offence. It is also a very great help to support the brief for the lawyers in a civil action taken by the victim, who is claiming damages as compensation for physical or psychological damage resulting from the sexual abuse. The authors reported it useful to look through 64 case documents that were considered in 11 years. They studied the differences in the penalties that were awarded for criminal offences and the sums of money for indemnity that were awarded in civil cases. These were before the new law concerning rape was passed on the 23rd December 1980, and after this law had been applied. It tends to improve the position for the victim in civil cases and increases the sentences that can be passed for aggravated rape (as on a minor by an adult, or in particular somebody who has a position of responsibility to the child). The authors point out especially how important it is to take note of sexual precocity and to have a detailed account of the first investigations carried out after the sexual assault. These can be used to make the sentences differ and to make it possible to increase and widen the awards given to compensate the victims. As far as civil action is concerned, as there is usually a fixed scale for every regional Court of Assizes according to a definite formula, it is advisable according to the authors that the initial expert assessment presented by the magistrates should establish in its conclusions the details of the indemnity to be considered by professional judges of the Assize juries. They should take particular notice of added injuries that are not physical

  15. Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh

    Directory of Open Access Journals (Sweden)

    Md. Raisul Islam Sourav

    2015-12-01

    Full Text Available Enforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents are unsolved and law enforcement agencies have repeatedly denied their involvement. Internationally, the UN Convention for the Protection of All Persons from Enforced Disappearance was opened for signature in 2007 and entered into force in 2010. The convention’s purpose is to criminalise enforced disappearances across the world and state parties are under an obligation to take necessary actions to stop their occurrence. Despite the cruel reality of forced disappearances in Bangladesh, no law has of yet been adopted to bring national criminal law in line with the convention. The right to life is nevertheless one of the key fundamental rights guaranteed under the Bangladeshi constitution which may be relevant in this context.  Forced disappearances have a disastrous impact on victim’s family as well as important societal implications. Bangladesh should, in this author’s opinion, ratify the convention and must reform national legislation to bring to an end state-sponsored crime. The scope of the issue may otherwise have tremendous consequences for the whole nation.

  16. The crime of aggression and public international law

    NARCIS (Netherlands)

    Wong, Meagan Shanzhen

    2016-01-01

    Under customary law as well as the amendments to the Rome Statute of the International Criminal Court adopted in the Review Conference in Kampala in 2010, an act of aggression by a State is a part of the definition of the crime of aggression. This definition clearly encompasses two separate wrongful

  17. "Bad genes" & criminal responsibility.

    Science.gov (United States)

    González-Tapia, María Isabel; Obsuth, Ingrid

    2015-01-01

    The genetics of the accused is trying to break into the courts. To date several candidate genes have been put forward and their links to antisocial behavior have been examined and documented with some consistency. In this paper, we focus on the so called "warrior gene", or the low-activity allele of the MAOA gene, which has been most consistently related to human behavior and specifically to violence and antisocial behavior. In preparing this paper we had two objectives. First, to summarize and analyze the current scientific evidence, in order to gain an in depth understanding of the state of the issue and determine whether a dominant line of generally accepted scientific knowledge in this field can be asserted. Second, to derive conclusions and put forward recommendations related to the use of genetic information, specifically the presence of the low-activity genotype of the MAOA gene, in modulation of criminal responsibility in European and US courts.

  18. 国际侦查合作基本特征简论%Fundamental Characteristics of International Criminal Investigation Cooperation

    Institute of Scientific and Technical Information of China (English)

    吴瑞

    2012-01-01

    In the broad perspective of criminal procedure linear system, the concept of international criminal investigation cooperation is proposed with the segmentation and reintegration of all pretrial ( or pre - prosecution) matters of international criminal justice cooperation, which is conducive to the reconstruction of international crimi- nal justice cooperation. In light of the dual - nature of international criminal investigation cooperation, international law and national law might be applied in parallel, statute law and conventional law be supplementary, judicature and administration be highly integrated.%基于广义刑事诉讼程序线性结构纵向的视角,将审前(或控前)以刑事侦查为核心的国际刑事司法合作诸事项加以切分与组合而提出国际侦查合作概念,有助于重新构建国际刑事司法合作的理论基础,还原这一问题的诉讼法本质。从刑事诉讼阶段和国际合作的双重属性出发,将国际侦查合作归纳出国际法与国内法平行适用、成文法与原则、惯例互为补充、司法性与行政性高度融合和以高效便捷为发展方向四个基本特征,丰富了这一领域基础理论研究的本体性内容。

  19. Criminal Victimisation in International Perspective : Key findings from the 2004-2005 ICVS and EU ICS

    NARCIS (Netherlands)

    Dijk, J. van; Kesteren, J. van; Smit, P.

    2007-01-01

    This report presents the key results of the crime victim surveys that were carried out as part of the fifth sweep of the International Crime Victim Surveys (ICVS) conducted in 2004/2005. A large portion of the these data are derived from the European Survey on Crime and Safety (EU ICS), organised by

  20. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    OpenAIRE

    Etilda Gjonaj Saliu

    2016-01-01

    The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in i...

  1. A internação de adolescentes pela lente dos tribunais Adolescent internment by the court's point of view

    Directory of Open Access Journals (Sweden)

    Maria Auxiliadora Minahim

    2011-06-01

    Full Text Available Desde sua entrada em vigor, o Estatuto da Criança e do Adolescente sofre sistemáticas críticas no debate público não havendo, entretanto, no campo da doutrina especializada e da jurisprudência efetivos esforços para uma compreensão do alcance da lei e de seus princípios sobretudo quando o tema é a imposição de medidas de internação a adolescentes autores de infração penal. Este texto procura demonstrar a feição homogênea e estável da jurisprudência brasileira nos Tribunais Estaduais nessa matéria à luz dos principais argumentos utilizados como fundamentação das decisões em sede recursal. Alguns resultados da pesquisa "Responsabilidade e garantias ao adolescente autor de ato infracional: uma proposta de revisão do ECA em seus 18 anos de vigência" apoiada pela Secretaria de Assuntos Legislativos do Ministério da Justiça, ilustram as dificuldades de mplementação dos preceitos legais, possibilitando refletir se é a textura aberta da lei o que vem favorecendo a persistência de argumentos extrajurídicos e ideológicos em sua interpretação.Since its approval, The Child and Adolescent Act has been attacked for several critics in the public debate. However neither the specialized dogmatic nor jurisprudence have presented effective efforts to the comprehension of the law or its principles, especially related to internment measures applied to young offenders. the text shows the homogeneous appearance of the brazilian jurisprudence into the State Courts, according to the most used arguments by the decisions. some results from the "Responsibility and Guarantees to young offender: a revision proposal for the child and adolescent act in 18 years of existence" research illustrate these difficulties to implement the legislation, avoiding the consideration regarding the open texture of the law as a possible cause for the persistence of extralegal and ideological arguments on its interpretation.

  2. Courting the expert: a clash of culture?

    Science.gov (United States)

    Caldwell, P

    2005-06-01

    This article reviews the utility of expert opinion in legal proceedings and the deployment of expert witnesses in adversarial litigation. The use of expert witnesses to assist courts in making just and fair conclusions may be contrasted with the partisan interests of those who call them. An adversarial system is a bad method of scientific enquiry and undermines the court's capacity to reach the 'right' answer. As a consequence, courts may reach the wrong conclusion based on bad science. The role of the expert as a witness places strain on an expert to provide certainty, where in fact there may be none. Recent reforms in the civil courts have changed little and the problem is even more acute in criminal trials. The expert can rely solely on the integrity of his or her own opinion, tempered with a little humility. However, when filtered through the rhetoric and advocacy of a court arena, even this may be compromised.

  3. Structured mayhem: personal experiences of the Crown Court

    OpenAIRE

    Jacobson, Jessica; Hunter, G.; Kirby, Amy

    2015-01-01

    Synopsis: A CJA briefing on the sometimes harrowing experiences of victims, witnesses and defendants in a wide-ranging series of Crown Court cases. Structured Mayhem is a digest of a remarkable piece of research carried by the Institute for Criminal Policy Research. Featuring extensive interviews with court users it furnishes a stark reminder that, for all the progress made in recent years, our courts all too often still cause huge frustration and distress to victims and witnesses, and also d...

  4. ABOUT APPLICATION OF MEDIATION IN CRIMINAL CASES (FROM THE EXPERIENCE OF LAW-ENFORCEMENT PRACTICE IN FEDERAL REPUBLIC OF GERMANY

    Directory of Open Access Journals (Sweden)

    L. S. Kravchuk

    2015-01-01

    Full Text Available The matters in the fight against crime through a prism of foreign countries are in the centre of attention of a domestic and foreign criminal law science and lawenforcement practice. The modern science of criminal law has a theoretically reasonable doctrine answering positions and principles about a lawful state, the complete concept of punishment; however, there is an inevitable practice of wide application punishment of custodial sanction which against a steady tendency of growth of registered criminality becomes a sharp social and legal problem. In this sense experience of mediation’s application in criminal cases in court practice of Federal Republic of Germany is interesting as comparable alternative form of conflicts solution which is enough effective. Mediation means development of an extrajudicial decision for victims, a conciliation procedure for all participants of the conflict with assistance of one or several intermediaries who are independent, neutral and external persons carrying out exchange and communications function between the parties, with the purpose of conflict settlement by participants. Mediation gives the opportunity of constructive handling with criminal cases and is a good addition to traditional court practice as it means the co-operative and constructive decision of problems existing between the direct parties and contributes to internal security provision, so a share of relapses after processes of reconciliation of the criminal and a victim is much more low than in comparable cases in traditional criminal procedures. Authors describe short chronology of contemporary history of mediation, legal and organizational bases in realization of reconciliation process between a victim and the criminal being the offer of conflict settlement by means of the third participating parties.

  5. Criminal Careers and Cognitive Scripts: An Investigation into Criminal Versatility

    Science.gov (United States)

    Gavin, Helen; Hockey, David

    2010-01-01

    "Criminal careers" denotes ways in which offenders develop specialisms and versatility, but studies linking delinquency to social skills deficits have not attempted to explore cognitive, internalised processes by which such "careers" might be chosen. This study investigated criminal minds via script theory: "internal" scripts are used to guide…

  6. Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

    Science.gov (United States)

    DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

    2006-01-01

    The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

  7. 刑事判决说理机制实证研究--基于最高院六个指导案例的视角%An Empirical Study of Criminal Judgment Reasoning Mechanism- Based on Six Guiding Cases from the Supreme People′s Court

    Institute of Scientific and Technical Information of China (English)

    洪凌啸

    2014-01-01

    Criminal judgment reasoning mechanism is a key step in the criminal trial,as it not only concerns the defendant′s right to know,but also is an embodiment of the open and fair operation of criminal law in a country.However,in the existing re-search about criminal judgment reasoning mechanism,there are few empirical studies.In view of this situation,the paper selects six published guiding cases of the Supreme People′s Court and makes a statistical analysis of the reasoning words in their decision making part.It is found that the degree of judgment reasoning is related to the complexity of the cases and the degree of the con-frontation,but not the degree of severity of the crime and the level of the trial.%刑事判决说理机制是刑事诉讼尤其是刑事审判中的关键一环,它不仅关系到被告人的知情权,更是一国刑事法治运作公开公正的体现。但是,在现有关于刑事判决说理机制的研究中,缺少以实证方法作为指导的研究。有鉴于此,本文选取了最高人民法院公布的六个指导性案例,通过对判决理由部分字数的统计分析,认为判决说理的程度与案件的复杂性以及控辩双方对抗程度有关,而与犯罪的严重程度、审级的高低无涉。

  8. Regional International Courts in Search of Relevance - Adjudicating Politically Sensitive Disputes in Central America and the Caribbean

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    integration. The article posits that the scholarship on delegation to ICs is only partially able to provide an answer to this question. It, hence, suggests an alternative theoretical framework by relying on transnational field theory and reflexive sociology. The article demonstrates that, despite the rhetoric...... of their founding documents, both the CACJ and the CCJ were only partially established to pursue regional economic integration. Instead, both Courts were fashioned at the crossroad of several – and at times even conflicting – forms of legality, power battles, professional interests, and visions of the world...... that shaped the Central American and Caribbean legal fields over time. Seen through the diachronic lens of the interests, ideologies, professional practices, and visions of the world of the actors inhabiting the Central American and Caribbean legal fields, the involvement of the two Courts in politically...

  9. International Rogatory Commission in the Romanian Law

    Directory of Open Access Journals (Sweden)

    Minodora-Ioana BĂLAN-RUSU

    2014-08-01

    Full Text Available Within this paper it is examined the institution of international rogatory commission in Romanian law in the light of the latest legislative changes occurred in the Romanian special law and other legal acts of the European Union. With this paper it is continued our research activity on European and international legal assistance in criminal matters. The study presents the conditions under which the Romanian authorities require or enforce a claim for performance of international rogatory commission, where there is a criminal case, regardless of the stage at the time of the application. The work can be useful to practitioners in this field (courts, prosecutors, police and lawyers and law school or master students. The novelty consists in examining this institution taking into consideration the latest amendments to the Romanian and European legislation in the field of international rogatory commission in criminal matters and the formulation of some critical observations aiming at improving the legislation in this area.

  10. The Future Of Court Interpreting In Croatia

    Directory of Open Access Journals (Sweden)

    Dobrić Katja

    2014-09-01

    Full Text Available Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

  11. Tourist criminality

    OpenAIRE

    Jakovlev, Zlatko; Koteski, Cane; Dimitrov, Nikola

    2015-01-01

    In this book expert processed chapters on the development of tourism, the conditions for the development of tourism, the definition of tourism, positive and negative effects of tourism, the necessity of defining tourism criminality and its component elements, narrower and wider tourist criminality , theories of crime, the structure of tourism crime, property crime in tourism, forest fires, sexual offenses, other tourist crimes stakeholders of tourism offenses, victims of tourist crime prevent...

  12. The doctrine of joint criminal action in the ad hoc tribunals and its scope in the Rome Statute

    Directory of Open Access Journals (Sweden)

    Miren Odriozola-Gurrutxaga

    2014-03-01

    Full Text Available The first judgment of the International Criminal Court has confirmed that article 25 (3 of the Rome Statute adopts the theory of control of the act to distinguish between principals and accessories. On the contrary, since 2003, the ad hoc tribunals’ case law bases the notion of co-perpetration on the Joint Criminal Enterprise doctrine, using a subjective criterion approach. In this article we will first analyze the problems raised by that case law of the ad hoc tribunals, and then, we will study the article of the Rome Statute which apparently most resembles the Joint Criminal Enterprise doctrine: article 25 (3 (d. The article concludes that none of the three categories of that doctrine is included in the said provision.

  13. Mentally Disordered Non-Psychotic Criminal Offenders

    DEFF Research Database (Denmark)

    Gottlieb, Peter; Gabrielsen, Gorm; Kørner, Alex

    2013-01-01

    as sanctions in criminal cases, the court will request a psychiatric report. They may furthermore ask a medical expert consultation board, the Danish Medico-Legal Council, for an opinion on the mental status of the defendant. Aims: To describe a sample of offenders falling under §69 and the use of the section...... and the final verdicts on socio-demographic, health and criminal items, and the data were computerized. Results: The sample was characterized by severe criminality and mental disorder. Forty-six percent (138/298) were sentenced by the court to a psychiatric measure instead of punishment. Conclusions......: The results document that §69 of the Danish Penal Code is used as intended by the law....

  14. The suspended sentence in French Criminal Law

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    Full Text Available From the ancient times until today, criminal law has provided different criminal sanctions as measures of social control. These coercive measures are imposed on the criminal offender by the competent court and aimed at limitting the offender's rights and freedoms or depriving the offender of certain rights and freedoms. These sanctions are applied to the natural or legal persons who violate the norms of the legal order and injure or endanger other legal goods that enjoy legal protection. In order to effectively protect social values, criminal legislations in all countries predict a number of criminal sanctions. These are: 1 imprisonment, 2 precautions, 3 safety measures, 4 penalties for juveniles, and 5 sanctions for legal persons. Apart and instead of punishment, warning measures have a significant role in the jurisprudence. Since they emerged in the early 20th century in the system of criminal sanctions, there has been an increase in their application to criminal offenders, especially when it comes to first-time offenders who committed a negligent or accidental criminal act. Warnings are applied in case of crimes that do not have serious consequences, and whose perpetrators are not hardened and incorrigible criminals. All contemporary criminal legislations (including the French legilation provide a warning measure of suspended sentence. Suspended sentence is a conditional stay of execution of sentence of imprisonment for a specified time, provided that the convicted person does not commit another criminal offense and fulfills other obligations. This sanction applies if the following two conditions are fulfilled: a forma! -which is attached to the sentence of imprisonment; and b material -which is the court assessment that the application of this sanction is justified and necessary in a particular case. In many modern criminal legislations, there are two different types of suspended (conditional sentence: 1 ordinary (classical suspended

  15. Violência doméstica e Juizados Especiais Criminais: análise a partir do feminismo e do garantismo Domestic violence and Special Criminal Courts: analysis from the legal feminism and penal criticism perspectives

    Directory of Open Access Journals (Sweden)

    Carmen Hein de Campos

    2006-09-01

    Full Text Available Este artigo pretende demonstrar a possibilidade de análise crítica da Lei 9.099/95 a partir de dois discursos considerados marginais no campo do direito penal: o feminismo jurídico e o garantismo penal. Considerando a vítima no momento do crime e o autor do fato durante o processo penal, esses discursos interagem, procurando construir um diálogo para demonstrar a ineficácia da lei em ambas as perspectivas.This article aims at demonstrating the possibility of criticism about the criminal law (Lei 9.099/95 from two perspectives seen as marginal within penal law studies: the legal feminism and the penal criticism (garantismo. Taking into account the victim's condition and the defendant's rights during the criminal proceedings, such discourses are linked to show the inefficacy of that law towards both the victim and the defendant.

  16. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  17. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

    Full Text Available The subject of this paper is the review of the results of the research: „Analysis of judgments form the victimological aspect“ of the Basic court Skopje I in Skopje. It is the first research of it’s kind in the Republic of Macedonia, conducted by the project team of the Faculty of Security in Skopje in the period from January to April 2011. By using the content analysis (for this purpose a special instrument was developed 172 irrevocable court judgment brought in the period 2005-2010 were analyzed, for the following criminal offences: murder, crimes against sexual freedom and sexual morality (sexual assault, severe bodily injuries and insult. The aim of the research was to highlight the victimological dimensions of mentioned criminal offences, while special attention was paid to the role of a victim in a crime, victim‘ s interaction with the perpetrator, individual characteristics of the victim, as well as the characteristics of the time when and the space where the crime occurred.

  18. Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

    Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

  19. Victim-induced criminality.

    Science.gov (United States)

    Fooner, M

    1966-09-02

    In summary, there are certain issues that need to be dealt with if a coherent system of victim compensation is to be created. 1) Is the victim's entitlement to compensation qualified by his behavior in connection with the crime? If a Texas tycoon visits a clip joint, flashes a fat roll of bills, and gets hit on the head and rolled, is he entitled to compensation? If a man enters into a liaison with another's wife and gets shot by the husband, should his dependents be compensated? If a woman goes walking alone in a disreputable neighborhood and is assaulted, is she entitled to compensation? Unless the answer to such questions is a flat "yes," the adjudication of victim compensation as a "right" would be embarkation upon a vast sea of confusion. On the surface it may seem simpler to bypass the issue of "right" and declare for victim compensation as a matter of social policy-a logical extension of the welfare state approach. But the apparent simplicity may quickly prove illusory, in light of the second issue. 2) Is the victim's entitlement to compensation on the basis of indigency to be qualified by the requirement that an offender be apprehended and his guilt determined by a court? There are two levels to this problem. First, if a severely injured man reports to police that he has been mugged and robbed and if the police cannot apprehend a suspect, how is the administrator of compensation to know that the man is in fact the victim of a crime? The administrator of compensation must determine whether the episode was a criminal act or an argument-and who started it, and who precipitated the violence. What shall be the role of the witnesses, and of investigators? More important is the second level of the problem: How will law-enforcement of ficials and the courts evaluate the testimony of the victim if compensation of the victim may be at stake? In the evaluation of proposals for victim compensation, criminologists may need to think very hard about such questions and

  20. Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

    Science.gov (United States)

    Pillay, Anthony L; Willows, Clive

    2015-01-01

    With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus.

  1. (Environmental) Panel measures in European law. Importance of the judgement Rs C-176/03 of the European Court, comission/council; (Umwelt-)Strafrechtliche Massnahmen im Europarecht. Bedeutung des EuGH-Urteils Rs C-176/03, Kommission/Rat

    Energy Technology Data Exchange (ETDEWEB)

    Foerster, M.

    2007-07-01

    The problem of international criminality strengthened by the progressive European integration. In particular, this is applied to the environmental criminality, since damages of the environment are not bound to the borders of individual states. Due to the appearing liberty rights, defaults on European level were introduced, whose conversion and penetration ensure effective further effective protection of the right property for the environment. The European Commission raised a complaint against the conversion of the skeleton resolution because of the interference of the union-legal measure into community-legal authority. The Court of Justice of the European Community explained this skeleton resolution as authority adverse. The European Court of Justice assumes community-legal authority authorizes in principle to supranational criminal measures. The practical conditions for it are put out in the contribution under consideration. Finally, the new guideline suggestion KOM(2007) 521 is based on these conditions.

  2. Trying to Win the Legal Battle but Losing the Strategic War: U.S. Efforts to Thwart the International Criminal Court

    Science.gov (United States)

    2007-05-09

    Roberto Tovar, September 2005; “We will not change our principles for any amount of money. We’re not going to [go] belly up for $300,000 in training...million and $125,000 respectively. Serbia and Montenegro also lost all of its IMET and FMF funds totaling $250,000 for each of the two years. Coalition

  3. Criminal Careers and "Career Criminals"

    National Research Council Canada - National Science Library

    Blumstein, Alfred; Cohen, Jacqueline; Roth, Jeffrey A; Visher, Christy A

    1986-01-01

    ..., and Christy A. Visher, editors Panel on Research on Criminal Careers Committee on Research on Law Enforcement and the Administration of Justice Commission on Behavioral and Social Sciences and Education National Research Council National Academy Press Washington, D.C.1986 i Copyrighttrue Please breaks inserted. are Page files. accidentally typesetting be...

  4. Asset Freezing: Smart Sanction or Criminal Charge?

    Directory of Open Access Journals (Sweden)

    Wouter de Zanger

    2011-02-01

    Full Text Available In this article the question is asked whether asset freezing can be qualified as a criminal charge within the meaning of Article6 ECHR and if yes, what effects this qualification may have on the legislative framework on so called smart sanctions. Byanalysing Community and EU law and case law of the European Court of Human Rights, General Court of Instance andCourt of Justice of the European Communities the authors give an overview of the notion and possible qualification of assetfreezing as a criminal charge. The article further focusses on the consequenses of qualifying asset freezing as a criminal chargeunder ECHR and EC/EU law and concludes by answering the aforementioned question.This article is a rewrite of a research paper written under supervision of prof. dr. J.A.E. Vervaele and prof. dr. C.H. Brants(Willem Pompe Institute for Criminal Law and Criminology, Utrecht University School of Law, whom the authors wouldlike to thank for their useful comments and supervision.

  5. Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

    Science.gov (United States)

    Bechtold, Jordan; Cauffman, Elizabeth

    2014-04-01

    Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  6. The wicked in court: a neuroscientific primer.

    Science.gov (United States)

    Tobeña, Adolf

    2013-09-01

    The criminal cases of Anders Breivik, the Norwegian shooter, and Bernard Madoff, the fraudulent American financier, are used as prominent examples of the complexity that courts have to explore when judging the severity and responsibility of felonies performed by different types of psychopaths. I outline the brain circuits subserving morally charged decisions in ordinary citizens and in patients with gross lesions in the same areas, along with singularities in these brain systems that have been detected in psychopaths. These neural signatures, combined with thorough neuropsychological examination, will hopefully improve the diagnoses and prognoses of criminals with dangerous psychopathic traits. In this respect, the profiles of incarcerated members of gangs are used to exemplify and distinguish among typical niches and varieties of psychopathy within criminal organizations. A discussion follows, presenting the complexities of novel research that is increasing the sophistication of these challenging but key intersections between neuroscience and law.

  7. 国际法院对安理会决议的间接司法审查权之探析%Analysis on Indirect Judicial Review of Security Council's Resolutions by International Court of Justice

    Institute of Scientific and Technical Information of China (English)

    邓宁

    2014-01-01

    Due to lack of authorization of Charters of United Nations and Statute of the International Court of Justice, it is controversial whether the International Court of Justice has the power to review the Security Council's resolutions. Judicial practice and theory of implied powers can become the legal basis for the Inter-national Court's power of judicial review indirectly. Characteristic of indirect judicial review is the effective-ness of the review. Before the modification, the Court cannot declare the Security Council's resolutions invalid. The resolutions of the Security Council, according to the content, can be divided into execution, quasi legisla-tive and quasi judicial three kinds, so the International Court of Justice applies to different standard of review on three kinds of resolutions.%由于缺乏《联合国宪章》和《国际法院规约》的明示授权,国际法院是否有权审查安理会的决议,在国际法学界是有争议的。司法实践以及隐含权力的理论,可以成为国际法院间接司法审查权的法律基础,间接审查权的特点在于审查的效力,在《联合国宪章》和《国际法院规约》修改之前,国际法院不能宣告安理会决议的无效。安理会的决议按其涉及的内容,分为执行、准立法和准司法三类,国际法院对三类决议分别适用不同的审查标准。

  8. The Evidence of What Cannot Be Heard: Reading Trauma into and Testimony against the Witness Stand at the International Criminal Tribunal for Rwanda

    Directory of Open Access Journals (Sweden)

    Julia Viebach

    2017-03-01

    Full Text Available This paper explores the silences and the gaps that cut through witness testimonies at the International Criminal Tribunal for Rwanda (ICTR by applying a trauma lens to the narratives that emerge on the witness stand and by contrasting those with a survivor testimony. It compares the recollection of a traumatic experience with the production of legal meaning. To do so, it focuses specifically on a survivor testimony shared with the author at the Rwandan Nyange memorial in 2014 where the crimes in question happened, and the ICTR The Prosecutor vs Athanase Seromba trial that relates to the events at that particular site. This paper shows that the experience of trauma not only challenges the language of law but also blurs the legal narratives and functions of tribunals like the ICTR.

  9. Ménager la victime ? Ménager le coupable ? Jugement, révision et histoire devant le Tribunal pénal pour l’ex-Yougoslavie Protect the victim or the accused? Judgment, revision and history at the International Criminal Tribunal for the former Yugoslavia

    Directory of Open Access Journals (Sweden)

    Elisabeth Claverie

    2010-07-01

    Full Text Available Vojislav Seselj, ultranationaliste serbe, accusé pour crime de guerre et crimes contre l’humanité par le Tribunal pénal international de La Haye a décidé de se défendre seul, sans avocat, devant cette Cour. Cette décision modifie le cours des audiences, et place, notamment, les témoins en grande difficulté au moment de leur contre-interrogatoire, voulu par la procédure dite à « armes égales » par cet accusé-avocat engagé dans une « défense de rupture ». Les difficultés du dispositif et les contradictions qu’il génère ont amené à une suspension d’un procès engagé depuis six ans. La Cour est en effet engagée désormais dans une procédure d’outrage contre Seselj.Vojislav Seselj, a Serbian ultranationalist, accused for war crimes and crimes against Humanity by the International Criminal Tribunal in The Hague has decided to defend himself. So the accused stands as a “lawyer”. This situation changes the course of hearings and puts the witnesses in great difficulty. The difficulties are such that the trial has been suspended by the Court which has engaged a plaint for outrage against Seselj.

  10. Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

  11. Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

  12. 'Insane criminals' and the 'criminally insane': criminal asylums in Norway, 1895-1940.

    Science.gov (United States)

    Dahl, Hilde

    2017-02-01

    This article looks into the establishment and development of two criminal asylums in Norway. Influenced by international psychiatry and a European reorientation of penal law, the country chose to institutionalize insane criminals and criminally insane in separate asylums. Norway's first criminal asylum was opened in 1895, and a second in 1923, both in Trondheim. Both asylums quickly filled up with patients who often stayed for many years, and some for their entire lives. The official aim of these asylums was to confine and treat dangerous and disruptive lunatics. Goffman postulates that total institutions typically fall short of their official aims. This study examines records of the patients who were admitted to the two Trondheim asylums, in order to see if the official aims were achieved.

  13. A valiant champion of equity and humaneness: the legacy of Bert Röling for international criminal law

    NARCIS (Netherlands)

    H. van der Wilt

    2010-01-01

    The author draws an intellectual portrait of the great Dutch international lawyer and judge. He considers in particular Röling’s contribution to international law made in his two principal works, the booklet on the ‘International Community in an Expanded World’ and The Hague lectures on the ‘Law of

  14. You and the Courts: A Newcomer's Guide. 6.

    Science.gov (United States)

    Michael, Jean

    A bilingual pamphlet containing practical law-related information for recent Russian Jewish immigrants to New York City, this document addresses the court system. Following a brief description of the Newcomer series, 9 questions are listed, each followed by an answer. Questions asked include the difference between criminal and civil law; how the…

  15. 75 FR 54698 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2010-09-08

    ... promulgate sentencing guidelines and policy statements for Federal courts. Section 994 also directs the... ``, and Crime Victims' Rights'' after ``Agreements''; and in Note 3 by redesignating subdivisions (a... criminal history score. A conforming change is made in Sec. 2P1.1 (Escape, Instigating or Assisting...

  16. Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials

    NARCIS (Netherlands)

    R. Bartels

    2013-01-01

    The principle of proportionality is one of the core principles of international humanitarian law. The principle is not easy to apply on the battlefield, but is even harder to apply retrospectively, in the courtroom. This article discusses the challenges in applying the principle during international

  17. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  18. The International Court of Justice and third-party interrention in maritime disputes: An assessment to the decision on Costa Rica’s and Honduras requests for permission to intervene in the Territorial and Maritime Dispute (Nicaragua v. Colombia

    Directory of Open Access Journals (Sweden)

    Andrés Sarmiento Lamus

    2012-12-01

    Full Text Available Article 62 of the Statute of the International Court of Justice establishes that, should a State consider that it has an interest of legal nature which may be affected by the decision in the case, it may be permitted to intervene, being for the Court to decide upon the request. The Court’s latest decisions regarding third-party intervention indicated that the arisen discussions, in the jurisprudence and doctrine, concerning the construction and application of this topic seemed to have disappeared. Nonetheless, the Court’s recent decisions on Costa Rica’s and Honduras’ requests for permission to intervene in the Territorial and Maritime Dispute between Nicaragua and Colombia seems to have revive said discussions. This article presents a general introduction to intervention, explaining the application the Court has given to it, as well as analyzes each of the requirements a State must met in cases brought before the Court for its settlement. As a conclusion, a commentary and analysis to the Court’s most recent decisions on requests for permission to intervene is presented.

  19. Overview of Specialized Courts

    OpenAIRE

    2009-01-01

    This Overview has two primary purposes. First, it provides judicial system officials with the arguments in favor of and in opposition to the creation of specialized courts. Second, it offers recommendations for consideration by judicial system officials when they are deliberating whether to establish specialized courts. This Overview also provides a review of types of specialized courts that have been established in court systems in some countries in Europe and the United States. This review ...

  20. A Reciprocal Turn in Criminal Justice? Shifting Conceptions of Legitimate Authority

    NARCIS (Netherlands)

    Jong, F. de

    2013-01-01

    The past decade has seen the rise of a fierce, ongoing controversy concerning the authority of criminal courts and the legitimacy of the criminal justice system as such. This article aims to provide some much needed conceptual clarity regarding the primal subjects under discussion: To what do we act

  1. A Reciprocal Turn in Criminal Justice? Shifting Conceptions of Legitimate Authority

    NARCIS (Netherlands)

    Jong, F. de

    2013-01-01

    The past decade has seen the rise of a fierce, ongoing controversy concerning the authority of criminal courts and the legitimacy of the criminal justice system as such. This article aims to provide some much needed conceptual clarity regarding the primal subjects under discussion: To what do we

  2. Criminal procedure code and charter of criminal proceedings in terrorism investigation: learning from the past

    Directory of Open Access Journals (Sweden)

    Makarov M.A.

    2014-12-01

    Full Text Available Basic procedural institutions of terrorism investigation are studied by comparing the provisions of the Charter of criminal proceedings of the Russian Empire in 1864 and the current procedural law. The comparative solutions to the following investigation problems by Charter and the Code are shown: 1 terrorists confess to less serious crimes, representing themselves as accomplices (articles 208, 222 of the RF Criminal Code to avoid punishment for terrorism (article 205 of the RF Criminal Code; 2 mass absence of prosecution witnesses at the hearing, giving reason to doubt the objectivity and the admissibility of evidence; 3 low efficiency of overt procedural activities, the need for covert operations based not on the particular fact, but on crime detection actions against terrorist organizations members; 4 the use of force during the arrest, causing the terrorists death, excludes the achievement of criminal law and criminal justice goals and also leads to the loss of evidence (to prove the guilt of the survived terrorists; 5 a significant amount of time passes between the alleged crime and passing the sentence, the minimum time of the terrorism investigation is 12 months, as a result higher courts stop the prosecution (changing the sentence for terrorists Atgeriev, Alkhazurov, Gaysumov in April 2002 by the RF Supreme Court due to the fact that more than five years have passed from the day of committing crimes till passing the sentence. The authors come to the paradoxical conclusion that the procedural law of the XIX century was much more effective than modern one.

  3. EXTENDED CONFISCATION – SAFETY MEASURE REGULATED IN THE NEW CRIMINAL CODE

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    Mihai Adrian HOTCA

    2015-07-01

    Full Text Available Extended confiscation is a safety measure introduced in Romanian criminal law in 2012. Romania's Constitutional Court has ruled several decisions in which a question has been raised of whether the legal provisions on extended confiscation are constitutional or not. In the present paper we analyze the extended confiscation in relation to the decisions of the Constitutional Court.

  4. DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

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    Arifuddin -

    2015-07-01

    Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

  5. The Right of Access to Court

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    Sokol Mëngjesi

    2015-03-01

    Full Text Available Every person has the right to address the court in order to protect his legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes inexistent the discussion for respecting the principle of due legal process. Access to the court is a right guaranteed by the Constitution, international acts and is specifically interpreted by the European Court of Human Rights.The right to address the court is not an absolute right. This right can be restricted in cases when there is a due legal aim and the restriction is proportional between the used tools and the aim required to be achieved. Unlike other rights, the right to justice has a particular nature, requiring the relevant rules (deadlines, different procedures, court fees, etc., which are set by the state. However in any case these rules shouldn’t affect the essence of the law itself. In practice there have often been problems, likewise the set of high court fees, the existence of immunity for some functionaries, several criteria (likewise age, ability to act, which have violated the right to address the court. It is not enough that the right to address the court recognized, but it needs to be also effective. In this paper will analyze the right to address the court, as part of due process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights.

  6. Law Enforcement Efforts Against Contempt Of Court As The Judges Shield In Indonesian Justice System

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    Wisnu Baroto

    2015-08-01

    Full Text Available Abstract The contempt of court basically is one of criminal offenses against the administration of justice which as a whole deals with the criminal justice system. The contempt of court cases that occurred in Indonesia but the enforcement of the law against the contempt of court is an issue that is never-ending. The provisions of contempt of court are necessary to ensure the position trust authority and integrity of the court in the judicial process including all matters relating to the judicial process. Guarantee that once the public interest to take action against any violation as an endorsement of the judicial process the rights of the public to ensure a fair trial and protecting privacy. On the other hand there is also a public interest that cant be ignored in any democratic society namely the right to freedom of speech and expression. A manifestation of contempt of court is a speech writing pictures or other expressions that can be categorized as a contempt of court. In other words contempt of court is a restriction of the right to freedom of speech opinion and expression. How to limit the collision of the purposes of enforcing the provisions of contempt of court with the right to freedom of speech freedom of opinion and expression. Preparation of deeds category and procedures for enforcement of contempt of court must be specifically and carefully.

  7. Termination of pregnancy under French law: from criminalization to a right in accordance with international developments on women's rights.

    Science.gov (United States)

    Madanamoothoo, Allane

    2011-12-01

    Termination of pregnancy is the premature exit of the products of conception, which include the placenta, bag of waters, embryo or fetus from the uterus. In general, the term "termination of pregnancy" refers to non-medical termination of pregnancy, which is requested for different reasons other than medical ones. When such a request is made in countries where it is lawful, women have access to induced termination of pregnancy under lawful and limited conditions. However, in countries where the practice is illegal, women tend to suffer and die of complications from unsafe termination of pregnancy. Nowadays, there seems to be a worldwide trend towards the legalization of termination of pregnancy. The impact of international developments on women's rights has played an increasing role in improving access to termination of pregnancy. This article aims at describing how legalization of termination of pregnancy in France has become a right which is in accordance with international developments on women's rights.

  8. Criminal justice processing of sexual assault cases. Highlights.

    Science.gov (United States)

    Roberts, J V

    1994-03-01

    This article discusses the processing of criminal justice on sexual assault cases in Canada. To begin with, in 1983, Bill C-127 abolished the offense of rape and indecent assault and created three new crimes of sexual assault and three parallel offenses of assault. This legislation also introduced a number of important changes to the way crimes of sexual aggression are processed by the criminal justice system. In 1991, the Supreme Court struck down provisions of the sexual assault legislation preventing a defendant from introducing evidence regarding complainant's previous sexual conduct. As a result, Bill C-49 was introduced to provide a test to determine whether a complainant's sexual history could be admitted at trial. This bill also addresses the issue of consent and the defense of mistaken beliefs in consent. The focus of the Juristat is the criminal justice processing of the three levels of sexual assault, which are elaborated in this article. In order to distinguish between the different levels, body harm relates only to physical injury and does not include psychological harm. Drawing on the Uniform Crime Reporting Survey, the Sentence Study, the Adult Criminal Court Survey and the Youth Court Survey, the Juristat summarizes recent trends relating to the processing of sexual assault and assault by the police and the courts. Canada's Violence Against Women Survey provides a profile of sexual assault incidents among adult women in Canada.

  9. THE CRIMINAL RESPONSIBILITY OF A PERSON WHO OWNS A ...

    African Journals Online (AJOL)

    Hangasa Bite and et.al, Gimbi. District Court .... be proven in relation to one or more elements comprising guilty acts. 20. According to this .... this liability, for example, the registered owner of a vehicle is expressly ... is the central concern of criminal law. Similarly .... This side of the meaning of the provision lessens the effort to.

  10. Residential mental health assessment within Dutch criminal cases : A discussion

    NARCIS (Netherlands)

    van der Leij, JBJ; Jackson, JL; Malsch, M; Nijboer, JF

    2001-01-01

    In Dutch criminal cases in which doubts arise about the defendant's mental health, a forensic assessment will be requested. This is provided either by the multidisciplinary staff of residential clinics who conduct forensic evaluations for the court, or by mental health professionals contracted on a

  11. Salience of Crime and Support for Harsher Criminal Sanctions.

    Science.gov (United States)

    And Others; Taylor, D. Garth

    1979-01-01

    Individuals' fear of crime and actual victimization do not lead to their being more likely to advocate harsh treatment for criminals. Also, environmental areas which differ greatly in level of victimization and level of fear do not differ in their level of support for capital punishment or harsher courts. (Author/MC)

  12. Juvenile Crime and Criminal Justice: Resolving Border Disputes

    Science.gov (United States)

    Fagan, Jeffrey

    2008-01-01

    Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal…

  13. Hispanics in the Criminal Justice System--the "Nonexistent" Problem.

    Science.gov (United States)

    Mandel, Jerry

    1979-01-01

    Though hidden from view by being considered "non-existent", the meager evidence indicates that Hispanics have an unusually high arrest and incarceration rate. Hispanic background is rarely asked on the six major sources of criminal justice statistics--statistics of arrests, courts, prisoners, juvenile delinquency, crime victimization, and public…

  14. CLASSIFICATION OF CRIMINAL GROUPS

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    Natalia Romanova

    2013-06-01

    Full Text Available New types of criminal groups are emerging in modern society.  These types have their special criminal subculture. The research objective is to develop new parameters of classification of modern criminal groups, create a new typology of criminal groups and identify some features of their subculture. Research methodology is based on the system approach that includes using the method of analysis of documentary sources (materials of a criminal case, method of conversations with themembers of the criminal group, method of testing the members of the criminal group and method of observation. As a result of the conducted research, we have created a new classification of criminal groups. The first type is a lawful group in its form and criminal according to its content (i.e., its target is criminal enrichment. The second type is a criminal organization which is run by so-called "white-collars" that "remain in the shadow". The third type is traditional criminal groups.  The fourth type is the criminal group, which openly demonstrates its criminal activity.

  15. Is South Africa using trade remedies as a protectionist measure? Reflections on a court case: International Trade Administration Commission v. SCAW South Africa (2010 ZACC 6 (9 March 2010

    Directory of Open Access Journals (Sweden)

    Luz Helena Beltrán Gómez

    2011-08-01

    Full Text Available The recent decision of the South African Constitutional Court raises great concern on whether the leading economy of the continent and the role model country in Legal developments is taking a healthy route in deciding their international trade policy. As many other countries, South Africa might be experiencing problems with having two parallel regulations with moderately similar aims, but both with a different scope of reach. On the one hand, South Africa is an enthusiastic producer and enforcer of competition laws and policies that apply only locally, and gladly agrees to the international commitments of free trade. On the other hand, inside institutions are using the WTO agreements (more specifically the anti-dumping agreement to prevent competition from international economic rivals by hindering their access to the South African market. The importance of establishing whether South Africa uses trade remedies anti-competitively is also pertinent to the global debate. The way the biggest economy in Africa deals with the situation is useful in trying to find a response to the problem of anti-competitive trade remedies that suits the interests of Africa and that is globally feasible. This paper will explore these issues from the perspective of the constitutional court rulings in International Trade Administration Commission v SCAW South Africa, and it will try to find a way to reconcile competition and anti-dumping in this particular case with the final aim to use it as a possible tool in the construction of a harmonized system of international trade.

  16. 衛星定位追蹤之刑責——評臺灣高等法院100年度上易字第2407號判決 Criminal Penalties for GPS Tracking: A Case Study on Taiwan High Court Judgment No. 100-Shangyi-Tzi-2407

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    薛智仁 Chih-Jen Hsueh

    2014-06-01

    Full Text Available 衛星定位技術在當今的日常生活裡已被廣泛運用,私人及國家亦將其當成蒐集犯罪證據的手段。然而,衛星定位作為侵害隱私的蒐證手段,取證之私人是否成立犯罪,過去文獻鮮少分析。本文所評釋之高等法院判決認為,為調查配偶通姦的被告利用衛星定位蒐集配偶之汽車位置資訊,係成立刑法第315 條之1 之無故竊錄罪,但不成立通訊保障及監察法(以下簡稱「通保法」)第24 條之違法通訊監察罪,此見解在實務上獲得不少迴響。本文研究顯示,此判決否定違法通訊監察罪之結論固然正確,但其肯定無故竊錄罪之成立,係過於擴張「非公開活動」的概念射程,已牴觸類推適用禁止原則。未來實務應該正視,衛星定位追蹤適用新個資法之違法蒐集處理個資罪的可能性。 Global Position System (GPS technology has been widely used in daily life. Both private individuals and government agencies take it as a tool to collect criminal evidence. In spite of its danger of infringing privacy, previous studies had rarely analyzed whether using GPS technology for private investigation purpose would constitute a crime. In a much-debated judgment by the Taiwan High Court, it held that for the purpose of investigating an adultery, a husband using GPS to position the location of his wife’s vehicle only violated Article 315-1 of Criminal Code, but did not violate Article 24 of Communication Security and Surveillance Act. This opinion has received a lot of responses and discussions among practitioners. This Article shows that the judgment has correctly denied the allegation that private conduct can constitute an unlawful communication surveillance under Communication Security and Surveillance Act. Noticeably, the judgment considered that the conduct still violates Article 315-1 of Criminal Code. But this decision unduly expanded the concept of

  17. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

    Full Text Available One of peculiar features of the military criminal justice system in Russia is that in some cases military defendants may apply for trial by jury. Unlike the existing U.S. court-martial jury and the Russian military jury of the early 1900s (World War I period which were comprised of the members of the armed forces, in modern Russia jurors trying military defendants are civilians. This article aims to provide a brief history of military jury in Russia and identify issues of independence and impartiality in Russian military courts with participation of lay decision-makers. In particular, the article will analyze two high-profile cases which resulted in acquittals of Russian officers accused of killing several Chechen civilians during counter-terrorist operations in Chechnya.

  18. High court says exposure without consent is a crime.

    Science.gov (United States)

    1998-09-18

    The Canadian Supreme Court held that HIV-positive people can be subjected to criminal prosecution for exposing their sex partners to HIV, if the sex partners did not know that the other was HIV-positive. The partner does not need to become infected to establish the existence of significant risk. Based on this conclusion, the Supreme Court of Canada granted a new trial of [name removed] on two counts of aggravated assault. [Name removed] had originally been acquitted of the charges by a trial court. The Supreme Court also suggested that if the use of a condom is shown to reduce the risk of infection, then a defendant may argue that it is not necessary to disclose a person's HIV status when condoms are used.

  19. THE REFLECTION OF PROCEDURAL GUILT IN THE CRIMINAL PROCEDURE PROVISIONS. LIABILITY FOR UNJUST CONDEMNATION OR FOR TAKING PREVENTIVE MEASURES UNLAWFULLY

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    ELIZA EMANUELA OPREA

    2013-05-01

    Full Text Available In the criminal proceedings of some law states the wrongful sentencing of individuals is very rare, having a comprehensive system of procedural safeguards which prevent such a situation. The purpose of the criminal proceedings is to punish only the culprits, the Criminal Procedure code frontispiece being stated the idea that no innocent person should be held criminally liable. By achieving this aspect of purpose is ensured observance of legality and the rule of law. All the basic rules and the whole organization of the criminal trial are polarized around this major goal of justice. Also the professional qualification level of those summoned to administer criminal justice in the modern state to minimizes the risk of judiciar miscarriages. The deep humanism of our law requires though the regulation of those procedural arrangements, through which in the event of an act of injustice, the wrongly convicted is able to obtain prompt repairs that society owes them. A very important aspect related to the evolution over time of the regulation of this institution, is that in its doctrine of integration in the European Union, Romania has adopted a series of laws and regulations designed to ensure our legislation’s alignment with the relevant legislation of the countries from the European community and to ensure the compliance with the European Convention on Human Rights. This process is still ongoing, therefore the establishment and the subsequent modification of the special procedure concerning the remedies for the material or moral damage in the event of unjust sentence or unlawful deprivation of liberty was based on the desire to avoid the conviction situation of the Romanian state by the international courts for failure to comply with the Art. 5 paragraph 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms that 'any individual who is the victim of arrest or detention in conditions contrary to the provisions of this article

  20. PTSD as a criminal defense: a review of case law.

    Science.gov (United States)

    Berger, Omri; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

  1. The Use of Phallometric Evidence in Canadian Criminal Law.

    Science.gov (United States)

    Purcell, Michael S; Chandler, Jennifer A; Fedoroff, J Paul

    2015-06-01

    The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several means of diagnosing offenders, determining recidivism risk, and assessing treatment prospects. We provide an overview and assessment of the use of phallometric evidence by Canadian criminal courts and conclude that its contemporary application appears to be consistent with the expert psychiatric consensus on its proper role and function in the forensic context. We further identify potential difficulties associated with the adequacy of offenders' consent and the occasional divergence of expert opinion about the reliability and validity of phallometry for diagnosis and risk assessment.

  2. Dumb O Jemmy and Others: Deaf people, Interpreters and the London Courts in the Eighteenth and Nineteenth Centuries

    Science.gov (United States)

    Stone, Christopher; Woll, Bencie

    2008-01-01

    This article reviews eighteenth- and nineteenth-century proceedings of the London Central Criminal Court (Old Bailey) that involved deaf people. The use, role, and status of sign language and interpreters in these settings are described. These proceedings provide important information about deaf people's experiences within the court system of the…

  3. Expertise of body injuries in criminal procedure.

    Science.gov (United States)

    Gutevska, A; Cakar, Z; Duma, A; Poposka, V

    2008-10-01

    In the every day practice of answering questions from the area of medicine, today there is growing need for forensic medical expertise of body injuries in the criminal procedure. Furthermore, when qualifying the body injury, the expert must possess knowledge and experience not only medical, but also he/she must be aware of the legal requirements and norms from the Code of Criminal Procedure and the Criminal Code of R. Macedonia. This will enable the expert to contribute to explanation and clarification of certain facts and issues related to the body injury. In this paper, by citing Articles 255 and 256 from the Code of Criminal Procedure, it is explained how expert can be adequately selected by the court. In addition to this, by citing Article 271 from the aforementioned Code, a way of analysing body injuries is defined; and finally, defining of body injuries is explained through citing of Article 130 and 131 from the Criminal Code of R. Macedonia, which is regarding body injury and grave body injury. The aim of this paper is to outline the method of performing these forensic medical expertises, i.e. by who and when can expertise of body injuries be asked and moreover, what is the legal and ethical responsiblity of the expert during the execution of the expertise. Additionally, the steps that the expert should follow when preparing a written statement and opinion for the type of the body injury are explained. More specifically, emphasis is placed on expert's requirements after examination of injured individual; after revision of the medical documentation during expertise of body injuries in criminal subjects; and providing oral statement and opinion during the criminal procedure.

  4. Expertise in bodily injuries in criminal procedure.

    Science.gov (United States)

    Gutevska, A; Cakar, Z; Duma, A; Poposka, V

    2008-07-01

    In the day-to-day practice of answering questions from the area of medicine today, there is a growing need for forensic medical expertise in bodily injuries in criminal procedure. Furthermore, when qualifying a bodily injury, the expert must possess knowledge and experience not only medical, but s/he must also be aware of the legal requirements and norms of the Code of Criminal Procedure and the Criminal Code of R. Macedonia. This will enable the expert to contribute to the explanation and clarification of certain facts and issues relating to the bodily injury. In this paper, by citing Articles 255 and 256 of the Code of Criminal Procedure, it is explained how an expert can be appropriately selected by the court. In addition to this, by citing Article 271 of the afore-mentioned Code, a way of analysing bodily injuries is defined; and finally, the definition of bodily injuries is explained through citing Articles 130 and 131 of the Criminal Code of R. Macedonia, relating to bodily injury and grave bodily injury. The aim of this paper is to outline the method of performing this forensic medical expertise, i.e. by whom and when can expertise in bodily injuries be sought and, moreover, what is the legal and ethical responsibility of the expert during the execution of the expertise. Additionally, the steps that the expert should follow when preparing a written statement and opinion on the type of the bodily injury are explained. More specifically, emphasis is placed on the expert's requirements after examination of the injured individual; after revision of the medical documentation during expert assessment of bodily injuries in the case of criminal subjects; and providing oral statements and opinions during the criminal procedure.

  5. Criminal Sanctions Against Official Corruption and other Offences Against Official Duty Offenders in Kosovo for the Period 2008-2015

    Directory of Open Access Journals (Sweden)

    Flutura Tahiraj

    2017-08-01

    Full Text Available The need to fight corruption, with the focus on official corruption in Kosovo continues to be addressed by both national and international reports. The objective of this paper is to find out the number of the cases and analyse the sactions against official corruption and other offences against official duty delivered by Municipality Courts in Kosovo during the period 2008-2015 with the aim to assess the developments during a period of eight years since most of the other researches are focused on annual performance of the courts. All data presented in this article are taken from the Kosovo Statistical Office and include statistical information on the types and frequency of criminal sanctions to perpetrators of the official corruption and other offences against official duty. Case study is also applied to analyse some court judgments. The study shows there is a slight incresase of the number of convicted perpetrators over years, the number of corruption cases addressed by the courts remained very limited, followed by low sentences or even prescription of cases. The findings will add additional scientific insights to the existing knowledge about preventing and fighting official corruption and it can be useful for scholars, policy makers and practitioners in Kosovo.

  6. Forensic geoscience: applications of geology, geomorphology and geophysics to criminal investigations

    Science.gov (United States)

    Ruffell, Alastair; McKinley, Jennifer

    2005-03-01

    One hundred years ago Georg Popp became the first scientist to present in court a case where the geological makeup of soils was used to secure a criminal conviction. Subsequently there have been significant advances in the theory and practice of forensic geoscience: many of them subsequent to the seminal publication of "Forensic Geology" by Murray and Tedrow [Murray, R., Tedrow, J.C.F. 1975 (republished 1986). Forensic Geology: Earth Sciences and Criminal Investigation. Rutgers University Press, New York, 240 pp.]. Our review places historical development in the modern context of how the allied disciplines of geology (mineralogy, sedimentology, microscopy), geophysics, soil science, microbiology, anthropology and geomorphology have been used as tool to aid forensic (domestic, serious, terrorist and international) crime investigations. The latter half of this paper uses the concept of scales of investigation, from large-scale landforms through to microscopic particles as a method of categorising the large number of geoscience applications to criminal investigation. Forensic geoscience has traditionally used established non-forensic techniques: 100 years after Popp's seminal work, research into forensic geoscience is beginning to lead, as opposed to follow other scientific disciplines.

  7. The Relative Ineffectiveness of Criminal Network Disruption

    Science.gov (United States)

    Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

    2014-02-01

    Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become `stronger', after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort.

  8. CRÍMENES INTERNACIONALES Y LA IMPRESCRIPTIBILIDAD DE LA ACCIÓN PENAL Y CIVIL: REFERENCIA AL CASO CHILENO INTERNATIONAL CRIMES AND IMPRESCRIPTIBILITY OF CRIMINAL AND CIVIL ACTION: REFERENCE TO THE CHILEAN CASE

    Directory of Open Access Journals (Sweden)

    Gonzalo Aguilar Cavallo

    2008-01-01

    Full Text Available Con posterioridad a la Segunda Guerra Mundial se ha desarrollado un verdadero corpus iuris internacional en relación con los crímenes internacionales. La conciencia común de la humanidad ya no tolera actos inhumanos o la barbarie. A partir de esta conciencia común han surgido principios generalmente aceptados que se encuentran a la base de lo que se conoce como el Derecho Internacional Penal. Uno de estos principios claramente asentados es la imprescriptibilidad de los crímenes internacionales. Si bien es cierto que la imprescriptibilidad de la acción penal en estos casos no levanta duda, la imprescriptibilidad de la acción civil derivada de crímenes internacionales sí plantea controversia. La aplicación de criterios de coherencia e integralidad permite concluir que las acciones, tanto criminales como civiles, en casos de crímenes internacionales, gozan del estatuto de imprescriptibilidad.After the Second World War a real international corpus iuris has been developed regarding international crimes. Common conscience of the mankind does not tolerate inhuman acts or the barbarie anymore. As of this common conscience it has raised generally accepted principles which can be found at the very base of what is known as International Criminal Law. One of these well established principles is the imprescriptibility of international crimes. In these cases, the imprescriptibility of the criminal action does not raise any doubt but imprescriptibility of the civil action derived from international crimes indeed is controversial. The coherence and integrality criteria allow us to conclude that both criminal and civil actions enjoy the imprescriptibility status in the case of international crimes.

  9. Paraphilia and sex offending - A South African criminal law perspective.

    Science.gov (United States)

    Carstens, Pieter; Stevens, Philip

    2016-01-01

    Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed. Copyright © 2016. Published by Elsevier Ltd.

  10. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

    Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

  11. [Criminal law problems in forensic medicine].

    Science.gov (United States)

    Schneider, V

    1998-10-01

    This paper first goes into cases of medical malpractice proceeding from the definition of the subject (forensic medicine). Among the material examined by the author lapses were to be assumed in 6.9% of the cases. A forensic autopsy can, however, also be of significance in countering false accusations. Forensic autopsies are regulated by Sect. 87 of the German Code of Criminal Procedure. Clinical autopsies are performed in Berlin in conformity with the Autopsy Act of 1996. Therapeutic removal of tissue is, moreover, also regulated by the Autopsy Act. Last year's Grafting Act, on the other hand, is Federal Law. Another act promulgated in 1997 has likewise provoked considerable controversial debate: viz. the Criminal Proceedings Amendment Act--keyword: DNA analysis/genetic fingerprint. And, finally, the paper also goes somewhat deeper into the introduction of breath-alcohol tests as evidence admitted in court. Further points discussed: reports prepared in connection with trials involving shootings along the Berlin wall, reports drawn up in connection with matters involving the abuse of anabolic substances by competitive athletes in the German Democratic Republic, reports on former GDR functionaries pertaining to their fitness to plead in court or to undergo detention. To conclude with, the question, whether evidence obtained by coerced vomiting can be used in court, is also discussed (drug couriers).

  12. A Social Worker’s Role in Drug Court

    Directory of Open Access Journals (Sweden)

    Melinda R. Roberts

    2014-05-01

    Full Text Available Drug Courts offer alternative sentencing for individuals with drug-related criminal charges, and although there is no mandate requiring a social worker to be a member of the team, this case study concludes that social workers have a unique purpose on the professional team resulting from their generalist and specialist knowledge and skills. The use of this knowledge and skill is illustrated in this descriptive account of the role of a social worker in a midwestern county in the United States. The implication of this case study suggests social workers should be included on drug court teams.

  13. On International Criminal Law' s Regulation about Piracy Crime%海盗罪的国际刑法规制

    Institute of Scientific and Technical Information of China (English)

    赵秉志; 原佳丽

    2012-01-01

    Contemporary piracy crimes present different features from past ones, as a result of which the relevant regulations about piracy crimes stipulated in 1982' s United Nations Convention on the Law of the Sea is not very applicable. On the basis of the features of contemporary piracy crimes and learning from other countries' regulations about piracy crimes, the following two aspects should be taken into consideration. First, the behaviour of piracy crimes should be expanded. Second, the scope of piracy crimes should also be expanded. Along with the increasing and more savage of piracy crimes, we must conclude the features of piracy crimes and perfect the legislation so that we can follow the international tendency to prevent piracy crimes.%当代海盗犯罪呈现出与以往海盗犯罪不同的特点,因而仅适用1982年《联合国海洋法公约》中对海盗罪的相关规定来对海盗罪进行打击会显得力不从心,结合当代海盗犯罪的特点,比较借鉴相关国家关于海盗罪的规定,具体应做到以下两点:一是海盗罪行为对象的拓宽。由于现代海盗罪作案方式的特殊性,为了有效地惩治海盗犯罪,可适当参照英国1700年补充法令的规定,“同船谋反以及对船长采取拘禁行为或限制自由以阻止船长对海盗行为的抵抗都可视为海盗行为”,将海盗罪行为对象予以拓宽,不再局限于另一船舶或飞机,或另一船舶或飞机上的人或物,而拓宽至任何船舶或飞机。二是海盗罪行为领域的延伸。由于目前海盗犯罪不仅仅发生在公海领域,海盗犯罪亦正呈向领海发展的趋势,因此如果一味地遵循《公约》所规定的只惩罚发生在公海或不属于任何国家管辖范围的行为,就会使相应的海盗犯罪无法受到惩罚,故为有效地打击相应犯罪。应取消对海盗犯罪行为领域的过度限定。随着"-3前海盗犯罪的日益猖獗,海盗

  14. Supreme Court's New Term. Supreme Court Roundup.

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  15. An Exploration of How Women Probation and Parole Officers Learn to Negotiate Power and Interest in the Criminal Justice System

    Science.gov (United States)

    Varner, Barbara Eileen

    2010-01-01

    The purpose of this narrative inquiry was to explore the ways women probation and parole officers learn to negotiate power and interests in the criminal justice system. The women are considered officers of the courts and work within the constraints of the court system. The framework that informed this study was a critical feminist lens on the…

  16. [Criminal psychology in Franco's police].

    Science.gov (United States)

    Bandrés, Javier; Llavona, Rafael; Zubieta, Eva

    2013-02-01

    Francisco J. de Echalecu (1897-1957) was a Spanish psychiatrist who held important positions, such as Psychology Professor at the Academia General de Policía and Neuropsychiatrist at the Dirección General de Seguridad. This work provides a brief biography of Echalecu and analyzes the transcriptions of his classes on Criminal Psychology of 1942, his Criminal Psychology from 1947 as well as his involvement in the case of the torture of Communist leader Heriberto Quiñones. We describe his project of a totalitarian Psychology and his proposal of social intervention, including eugenic methodologies as well as forced reclusion for those labeled as asocial. The adaptation in Spain of the totalitarian psychological project to the new international reality after the Second World War is also described. In Spain a "final solution" for criminals and political dissidents has been prepared, which was inspired by the Nazi criminal policies and promoted by Dr. Echalecu from Spain's higher police body, the DGS. This project was frustrated by the German defeat in the world war and the only thing left from the original project was the arbitrary application of the Ley de Vagos y Maleantes [an antivagrancy law] to those individuals labeled as "asocial".

  17. Survey evidence fights in criminal matters in accordance with the Islamic Penal Code Act 2013

    Directory of Open Access Journals (Sweden)

    Saeid Darougari

    2014-08-01

    Full Text Available Sets lawsuit is evidence to prove the claim in the courts, used and Article 166 of the Constitution, emphasizes this is a criminal trial evidence, as one of the most important issues of criminal justice, there has been a dramatic transformation. Throughout history, testimony and confession, the crime proved a major role, and often inevitable, especially in the period legal reasons played. Basically, though, some common evidence in criminal and civil, but there is evidence of criminal, has unique characteristics that distinguish it from civil evidence. Provided out evidence in criminal proceedings, should be in terms of its relation to crime and punishment, and dealing with the rights and freedoms of the individual and society, the legislator should be. The lack of exposition, in the form of rules Iran, particularly in the Procedures Public and Revolutionary Courts in criminal matters in the plant ambiguity remains is perhaps for this reason that legislators and place less importance because, in criminal matters have noticed. While the fundamentals of a subject makes legislators, compared to those rules, it wrote. In this paper an attempt has been subject to criminal evidence, the definition and its history, discussed and reviewed. In this paper analyzes the status and importance of criminal evidence, the Iranian legal system explains.

  18. Occupied Cape Judges and Colonial Knowledge of Crime, Criminals, and Punishment

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    George Pavlich

    2014-01-01

    Full Text Available This article returns to a colonial discourse on crime, criminals, and punishment that the court of justice enunciated and followed during an 8-year British occupation of the Cape of Good Hope in the latter part of 1795. Tapping unusually frank juridical discussions on criminality and punishment in the context of sovereignty politics, it examines three key matters. Commencing with a description of the Cape colony’s inquisitorial criminal procedures, the analysis—following Foucault (2000—conceives of these as powers (political techniques through which the British claimed an exclusive capacity to enunciate legal “truths” about specific criminal events. Second, it analyzes a unique correspondence between the British military commander and the court of justice members together with two illustrative criminal cases of the day. These provide a sense of the judge’s knowledge of crime and criminal punishment in a social context that imagined itself through social differentiation and hierarchy. Third, it reads these colonial power-knowledge formations as generating three congruent political logics that in hybrid combinations have nurtured segmented, racially orientated, and group-based criminal justice arenas. This discussion alludes to the pivotal role colonial discourses of criminal law have played in generating a politics that shaped the criminal justice arenas of subsequent social forms. New, and differently combined, political logics of sovereignty, discipline, and biopolitics have left a decided legacy to which post-colonial arenas continue to respond.

  19. The summary mental examination in criminal proceedings.

    Science.gov (United States)

    Nishio, Chusuke

    2011-01-01

    This article discusses the inception (in 1955) and history of the inclusion of the summary mental examination in criminal proceedings. It then reviews the procedures for diagnosing easily diagnosed cases such as frank psychosis or obvious mental normality. An overview is then provided of the manner in which the reliability of the summary examination can be maintained by deeming those cases where diagnosis can be made without the use of suggestive questions as easily "diagnosed cases" and by avoiding positively diagnosing obvious mental normality. The importance of ensuring that test proceedings in summary examinations do not interfere with formal forensic psychiatric examinations that may be conducted later is then reviewed. These proceedings, through the summary examination, provide material for an expert to state an opinion in court as to the criminal responsibility of the accused suspect.

  20. CRIMINAL PSYCHOLOGY IN SPAIN: PRESENT AND FUTURE

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    José Luis González

    2015-05-01

    Full Text Available As part of legal psychology, as it is understood in Spain, we can distinguish between the applications of psychology in the different steps of the judicial process: in police stations during criminal investigations, in court when the perpetrators have already been identified and arrested, and in prisons where they are eventually sent after being convicted. This paper argues that when psychology assists the criminal investigation in the first step of the judicial process - the police activities-, we are talking about criminal psychology, at two levels: the operational level (mostly pertaining to criminal psychology and the strategic level (shared with other areas of expertise. After describing its peculiarities and specific areas, in analogy with the support provided by other forensic sciences, we explain that in Spain this specialty is carried out professionally from within our own police forces, with a profile that is very different from the more traditional police psychology, and in close collaboration with the academic environment with regard to the scientific development of techniques and procedures.

  1. Economic Criminal Acts according to Criminal Code of Republic of Kosovo

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    Dr.Sc. Bajram Ukaj

    2015-06-01

    Full Text Available This article analyses the criminal offences against economy in the Criminal Code of Kosovo, which are increasingly becoming an important object of study, both at national and international levels. The criminal offences against economy are in principle blanket nature offences, guiding nature, since the vast majority of such norms are further delineated in other bylaws, while the criminal code provisions provide on criminal offences, thereby guiding towards another legal or sub-legal provision. Economic and financial crimes in Kosovo are already making a remarkable increase, as proven by statistical records of state authorities. The increased rate of economic crimes is a result of many factors and circumstances present in Kosovo, which may be different from regional countries. The inefficient fight and prevention of organized crime and corruption in the period between 1999-2010 was stimulated and favoured by several specific factors that are elaborated in this article.

  2. Abortion 1982: the Supreme Court once again.

    Science.gov (United States)

    Healey, J M

    1982-11-01

    Clearly, abortion in the US continues to be a major medico-legal issue which will not go away. 5 major abortion cases are scheduled for review by the US Supreme Court during its 1982-83 term. Taken together, these 5 cases challenge several of the key conclusions of the Court's review of the abortion question. The primary focus of the cases is the state's power to regulate the abortion decision during the 1st and 2nd trimester of the pregnancy. 2 cases involve ordinances passed by the City of Akron regulating access to abortion in areas such as consent and notification requirements and the location of abortions after the 1st trimester. 2 of the cases involve a Missouri statute also dealing with the requirement that abortions after the 1st trimester be performed in a hospital. The final case involves a Virginia criminal prosecution of a physician accused of violating the state's requirement of in-hospital performance of a 2nd trimester abortion. In the case of Roe v. Wade, the Court had established the "trimester trilogy" governing state regulation of the abortion procedure. For the stage of the pregnancy prior to the end of the 1st trimester, the Court held that the abortion decision and its effectuation must be left to the medical judgment of the pregnant women's attending physician. For the stage of the pregnancy subsequent to the end of the 1st trimester, the Court ruled that the state may promote its interest in the health of the mother by regulating the abortion procedure in ways reasonably related to maternal health. For the stage of pregnancy subsequent to viability, the state may promote its interest in the potentiality of human life by regulation, even prohibiting abortion, except where it is necessary to preserve the mother's life or health. These 5 cases challenge the role of the Court in determining the scope of appropriate state regulation at various stages of the pregnancy. Suffering a loss of prestige in the 10 years since the Roe v. Wade and Doe v

  3. Recent victimization experiences and continued criminal behaviors: what are the links for adult drug-involved offenders?

    Science.gov (United States)

    Zweig, Janine M; Yahner, Jennifer; Rossman, Shelli B

    2012-01-01

    Using data from the multi-site adult drug court evaluation (MADCE), we examined the relationship between recent victimization experiences and the likelihood of subsequent criminal behavior among a sample of adult drug-involved offenders. The MADCE data used in this study involved interviews with 674 men and 284 women at baseline and then, 18 months later. Multilevel modeling showed that physical victimizations in the year before baseline, but not sexual victimization experiences, were associated with self-reported criminal offending behavior 18 months later. All relationships held true despite controlling for respondents' demographic, criminal history, prior drug-related characteristics, and their participation in a drug court or comparison site program.

  4. Power Sharing Courts

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    Stefan Graziadei

    2016-06-01

    Full Text Available In this paper, I introduce a novel concept, the one of power sharing courts. Scholars of judicial politics look at the reasons behind judicial selection and the patterns of decision making within courts through the lens of ideology (left-right. However, the resulting fertile scholarly analysis has not been extended to divided societies, where the main cleavages are not partisan but ethno-national. In these societies, the liberal model of selecting judges and taking decisions within an apex court is often corrected to specifically include politically salient ascriptive cleavages (such as ethnicity/nationality/language/religion. The main thrust of my argument is that there is a model of selecting judges, taking decisions and sharing posts of influence within apex courts in divided societies that has not yet been conceptually captured: power sharing courts. In analogy to consociationalism in the political system, power sharing in the judiciary aims to solve salient inter-community conflicts by including all relevant groups in these bodies on a basis of parity or proportionality. The paper is of equal interest to scholars of constitutional courts, consociationalists, comparatists, as well as country specialists.

  5. The Extra-Curricular Perspective: The Moot Court.

    Science.gov (United States)

    Crouse, Janice Shaw; Thorpe, Judie Mosier

    At Ball State (Indiana) University, the moot court format's replication of real-world advocacy has been found far more conducive to teaching ethics and values than debate because it provides internal monitoring devices and instantaneous feedback. Of course, the main purpose of the moot court is to polish communication skills. Still, even with this…

  6. Internationalizing forensic assessments of criminal responsibility.

    Science.gov (United States)

    Meynen, Gerben; Oei, Karel

    2011-12-01

    One of the important characteristics of current medicine is that it is an international endeavor. The fact that medicine is a global undertaking might even be one of its core strengths. However, the universal nature of medicine can be compromised when local issues become significant factors in medical practice. In this paper we identify criminal law as a relevant factor complicating the process of internationalizing a particular medical practice: the assessment of a defendant within the context of the question of criminal responsibility. Since criminal law--especially the laws relevant to assessments of criminal responsibility--may differ from country to country, or rather from jurisdiction to jurisdiction, forensic psychiatrists face the challenge of finding common ground and a common framework to advance these forensic psychiatric assessments. We describe the current situation and argue for internationalizing the discussion about this assessment, pointing to the example provided by assessments of competence.

  7. THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION

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    SIMONA TACHE

    2012-05-01

    Full Text Available Article 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the retrial procedure after extradition have a distinct finality: if the review involves removal of essential errors to the facts withheld in a final decision, the purpose of referral back to court in case of extradition is to guarantee the right of of extradited person, who was tried and convicted in the absence, to have a fair trial and, mainly, to exercise the right to defence in a new procedural cycle, which implies the possibility for the person to be heard, to question the witnesses or other parts of the process and to administer favorable evidence, both on the facts, as well as circumstantial.

  8. Being (almost invisible: Victims of crime in the Italian juvenile criminal justice system

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    Vezzadini Susanna

    2014-01-01

    Full Text Available From 2008 to 2013 the author has been a Special Judge in the Juvenile Criminal Court of the Emilia Romagna Region. From that privileged perspective, it was possible to observe the dynamics of how victims of underage offenders were considered before the law, no differences if they are adults or minors, too. The reflections presented will first consider EU and UN provision on victims of crime; then, the normative framework supporting the Italian criminal juvenile justice system will be considered by an examining of the difficulties victims meet in that peculiar context. The implementation of juvenile criminal law shows the paradox victims of crime have to cope with. The Juvenile Criminal Court in Bologna recently started to promote a wide use of restorative justice measures as an attempt to correct the unfair consequences in the application of law, with judicial discretion interpreted as an instrument to favour victims’ harm recognition and to protect their dignity as persons.

  9. The Prominent Role of National Judges in Interpreting the International Definition of Human Trafficking

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    Luuk B Esser

    2016-05-01

    Full Text Available Although there has been much discussion of the scope of the concept of human trafficking in international literature, the part played by national courts in interpreting definitions based on the international definition of human trafficking in the UN Trafficking Protocol has received little attention. When a judge interprets an offence, he or she clarifies or adds new meaning to it. The space for this is even greater when the underlying definition is broadly formulated, as in the case of the international definition of human trafficking. This article demonstrates that, although this international definition establishes the outer parameters within which conduct must be made a criminal offence, domestic courts still have room to flesh out the definition in national contexts. The role of national judges needs more consideration in today’s discourse on the legal definition of human trafficking.

  10. El aspecto científico de la trilogía “ministerio público-policía-peritos” en el nuevo proceso penal de corte acusatorio, adversarial y oral en México/The scientific aspect of the trilogy "public-police-expert ministry" in the new adversarial criminal process, and oral adversarial court in Mexico

    Directory of Open Access Journals (Sweden)

    Juan Antonio Maruri Jiménez

    2015-05-01

    Full Text Available The last June 18, 2008 the Decree amending Articles 16, 17, 18, 19, 20, 21, 22 are amended was published; (the fractions XXI and XXIII of Article 73, Section VII of Article 115 and section XIII paragraph B of Article 123 of the Constitution of the United Mexican States, giving rise to the Constitutional reform of criminal justice, emerging as basic expectations: total transformation of the criminal justice system; effectively guarantee the validity of the “due process” in criminal matters restore confidence in the criminal justice system and its institutions doing research and efficient prosecution of crimes, the accused is greater assurances defense thereby ensuring the protection, support and participation of victims and injured, and safeguard the principles governing a Democratic-State Constitutional Law.

  11. THE CRIMINAL OFFENCE OF MONEY LAUNDERING – A SERIES OF THEORETICAL AND PRACTICAL CONSIDERATIONS

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    Constantin NEDELCU

    2016-05-01

    Full Text Available The paper at hand addresses the extremely complex and sensitive matter relating to one of the most controversial offences in the criminal laws of Romania – in particular, the criminal offence of money laundering. This paper bears both theoretical and practical interest, in that it points out specific instances of court case-law which were given different constructions by various judiciary authorities.

  12. Cultural considerations in the criminal law: the sentencing process.

    Science.gov (United States)

    Boehnlein, James K; Schaefer, Michele N; Bloom, Joseph D

    2005-01-01

    In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

  13. The European Courts and the Law of Treaties: The Continuing Story

    NARCIS (Netherlands)

    Kuijper, P.J.; Cannizzaro, E.

    2011-01-01

    This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of Tre

  14. Forensic psychiatry and the birth of the criminal insane asylum in modern Italy.

    Science.gov (United States)

    Gibson, Mary

    2014-01-01

    This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification. © 2013.

  15. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    Science.gov (United States)

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black…

  16. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    Science.gov (United States)

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black Americans.…

  17. CRIMINAL TERRORIST GROUP IN THE NEW CRIMINAL LEGISLATION OF ROMANIA

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    Mirela GORUNESCU

    2016-05-01

    Full Text Available In the Romanian criminal law, there is a specialized regulation that defines criminal terrorist group, as variant of plurality of offenders. The present study presents this kind of criminal group by identifying the elements of differentiation compared to the organized crime group regulated by the Criminal Code.

  18. Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009

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    Alexandru Boroi

    2011-05-01

    Full Text Available The elaboration and adoption of a new penal code represents a decisive moment in the evolution of any state laws. The decision to proceed in developing a new Criminal Code was not a simple demonstration of the political will, but represented a corollary matched of economic and social development, also to the doctrine and jurisprudence and it had as base a series of gaps existing in current regulation. Legislative changes concerning the minority represents one of the focal points of the reform proposed by the new Criminal Code (Law no. 286/2009. One of the major changes contemplated in this regard is the complete surrender to the punishment applicable to juveniles who are criminally responsible, in favor of educational measures. The model that inspired the current legislation is the Organic Law no. 5 / 2000 regarding the criminal liability of minors in Spain (as amended by Organic Law no. 8 / 2006, but have considered the provisions of French law (Order of 2 February 1945 with subsequent changes, German (Law juvenile courts in 1953 with subsequent amendments and the Austrian law (Juvenile Justice Act 1988.

  19. THE VIEW OF THE COURT OF APPEAL OF THE STATE OF RIO GRANDE DO SUL ON TORTURE: judgments of public and private actors

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    Dani Rudnicki

    2016-01-01

    Full Text Available This article deals with the views of the Judiciary in relation to the practice of the crime of torture by public and private actors, in accordance with judgments of the Court of Appeal from the state of Rio Grande do Sul. The study through an analysis of 92 decisions from the court, from 2009 until 2013. We seek to observe the legal reasoning from these criminal appeals that discuss the merits of the crime of torture, in order to check for differences in the application of Torture Act depending on the agent denounced being a public or private actor and which are the factors that could influence this different application of the law. We present the transformation and the concept of the crime of torture, in the international and in the Brazilian law, and after that the most relevant judgments are described and analyzed. Thus, we conclude that there is a difference in the application of the law by the Judiciary, with greater punishment for private agents than for public ones, and that this difference occurs due to the expansion of the concept of torture carried out by the Brazilian legislator, who popularized the term and the conduct typified as a common crime. For full understanding of the phenomenon, we must also consider the characteristics of the Brazilian penal system, which is selective. Thus through the perpetuation of a classic criminal model, it allows for public officials to commit illegalities.

  20. Guarantee of Criminal Policy as Limited to Criminal Decisionism

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    María Belén Bonilla Albán

    2016-06-01

    Full Text Available The essay explains how the inclusion of the security of public policy in the 2008 Constitution of Ecuador as part of the constitutional state of law and justice or “guarantor state” can become a substantial limit for criminal decisionism, which is usually behind the penal policy in Latin America. Thus, the function of this collateral is to eliminate the huge space of discretion in the management of the most sensitive policy of modern state penal policy. However, the guarantee of public policy is not clear in determining the limits of punitive power; therefore, this paper seeks to explore some of the international human rights.

  1. The Right to Remain Silent in Criminal Trial

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    Gianina Anemona Radu

    2013-05-01

    Full Text Available A person's right not to incriminate oneself or to remain silent and not contribute to their own incrimination is a basic requirement of due process, although the right not to testify against oneself is not expressly guaranteed. This legal right is intended to protect the accused/ the defendant against the authorities’ abusive coercion. The scope of the right not to incriminate oneself is related to criminal matter under the Convention, and thus susceptible or applicable to criminal proceedings concerning all types of crimes as a guarantee to a fair trial. The European Court of Justice ruled that despite the fact that art. 6 paragraph 2 of the Convention does not expressly mention the right not to incriminate oneself and the right not to contribute to their own incrimination (nemo tenetur are ipsum accusare these are generally recognized international rules that are in consistence with the notion of “fair trial” stipulated in art. 6. By virtue of the right to silence, the person charged with a crime is free to answer the questions or not, as he/she believes it is in his/her interest. Therefore, the right to silence involves not only the right not to testify against oneself, but also the right of the accused/ defendant not to incriminate oneself. Thus, the accused/defendant cannot be compelled to assist in the production of evidence and cannot be sanctioned for failing to provide certain documents or other evidence. Obligation to testify against personal will, under the constraint of a fine or any other form of coercion constitutes an interference with the negative aspect of the right to freedom of expression which must be necessary in a democratic society. It is essential to clarify certain issues as far as this right is concerned. First of all, the statutory provision in question is specific to adversarial systems, which are found mainly in Anglo-Saxon countries and are totally different from that underlying the current Romanian Criminal

  2. The Relevant Physical Trace in Criminal Investigation

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    Durdica Hazard

    2016-01-01

    Full Text Available A criminal investigation requires the forensic scientist to search and to interpret vestiges of a criminal act that happened in the past. The forensic scientist is one of the many stakeholders who take part in the information quest within the criminal justice system. She reads the investigation scene in search of physical traces that should enable her to tell the story of the offense/crime that allegedly occurred. The challenge for any investigator is to detect and recognize relevant physical traces in order to provide clues for investigation and intelligence purposes, and that will constitute sound and relevant evidence for the court. This article shows how important it is to consider the relevancy of physical traces from the beginning of the investigation and what might influence the evaluation process. The exchange and management of information between the investigation stakeholders are important. Relevancy is a dimension that needs to be understood from the standpoints of law enforcement personnel and forensic scientists with the aim of strengthening investigation and ultimately the overall judicial process.

  3. Exploring the relationship between criminogenic risk assessment and mental health court program completion.

    Science.gov (United States)

    Bonfine, Natalie; Ritter, Christian; Munetz, Mark R

    2016-01-01

    The two primary goals of mental health courts are to engage individuals with severe mental illness in the criminal justice system with clinical mental health services and to prevent future involvement with the criminal justice system. An important factor in helping to achieve both goals is to identify participants' level of clinical needs and criminogenic risk/needs. This study seeks to better understand how criminogenic risk affects outcomes in a mental health court. Specifically, we explore if high criminogenic risk is associated with failure to complete mental health court. Our subjects are participants of a municipal mental health court (MHC) who completed the Level of Services Inventory-Revised (LSI-R) upon entry to the program (N=146). We used binary logistic regression to determine the association between termination from the program with the total LSI-R. Our findings suggest that, net of prior criminal history, time in the program and clinical services received, high criminogenic risk/need is associated with failure to complete mental health court. In addition to providing clinical services, our findings suggest the need for MHCs to include criminogenic risk assessment to identify criminogenic risk. For participants to succeed in MHCs, both their clinical and criminogenic needs should be addressed.

  4. [Urology facing the courts. The basis of professional responsibility].

    Science.gov (United States)

    Haertig, A; Haillot, O; Chopin, G

    1989-01-01

    The liability of the urologist can be involved according to 3 procedures: The civil procedure is that of the Tribunal de Grande Instance (High Court) then the Cour d'Appel (Court of Appeal). Financial compensations are claimed from the surgeon for not respecting the medical contact. This contract is tacit, oral and carries obligations for the surgeon. The administrative procedure is that of the Tribunal Administratif (Administrative Court) then the Conseil d'Etat (Council of State). This only concerns the salaried surgeon in his salaried activities. The penal procedure is that of the Tribunal Correctionnel (Criminal Court) then the Cour d'Appel (Court of Appeal). The surgeon is then charged with a crime, usually unintensional injuries or through negligence. Although the harlm is easy to prove, the reality of the fault of the surgeon and the relation between fault and damage are far less so. It is the plaintiff (Civil Course, Administrative Cours) or the State Prosecutor (Penal Course) who must prove the fault and causality by the help of an expert's report. So, the responsibility of the surgeon can be committed. However, the development of the insurance system has allowed more widespread compensation without any fault found on the surgeon's part and increasingly frequent conciliatory procedures.

  5. Court-ordered caesareans.

    Science.gov (United States)

    Prochaska, Elizabeth; Lomri, Sara

    2014-11-01

    Court-ordered caesarean sections are in the news after a number of recent legal decisions authorising surgery for women who lack mental capacity to consent. The decisions have not always been based on good evidence and they raise serious concerns about the protection of the rights of mentally ill women. The authors explain the legal process and question the wisdom of recent judgements.

  6. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  7. Supreme Court Roundup

    Science.gov (United States)

    Williams, Charles F.

    2005-01-01

    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  8. JPRS Report: East Asia, Southeast Asia, LPDR Criminal Code, Courts, and Criminal Procedure.

    Science.gov (United States)

    1991-03-05

    The LPDR public prosecutors’ office also includes a support staff. Article 24. The Support Staff for the Procurator Gen - eral’s Office and the...prosecutor 6r investigators will have been trained in legal or paralegal studies, have good character, capable, sincere, and 25 years of age or more

  9. A Critique of Kosovo’s Internationalized Constitutional Court

    Directory of Open Access Journals (Sweden)

    Andrea Lorenzo Capussela

    2014-04-01

    Full Text Available The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

  10. Criminality and climate change

    Science.gov (United States)

    White, Rob

    2016-08-01

    The impacts of climate change imply a reconceptualization of environment-related criminality. Criminology can offer insight into the definitions and dynamics of this behaviour, and outline potential areas of redress.

  11. Civil & Criminal Penalties

    Data.gov (United States)

    US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

  12. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  13. WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

    Directory of Open Access Journals (Sweden)

    Andrea Fehér

    2015-12-01

    Full Text Available The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.

  14. 我国刑事诉讼法的修改与人权保障的强化——兼论我国刑诉法与国际刑诉法人权标准的差距%The modification on China's criminal procedure law and strengthen human rights protection——Distinction between Chinese's criminal procedure law and the international standard of the right protection

    Institute of Scientific and Technical Information of China (English)

    谢艳华

    2012-01-01

    文章以我国《刑事诉讼法》的修改和《公民权利与政治权利国际公约》比较为视角,论述了我国刑事诉讼法修改后在人权保障方面的进步,同时指出了修改后的刑事诉讼法与《公民权利与政治权利国际公约》之间仍存在的差距。重点介绍了辩护制度和强制措施制度的改进。%Based on the modification of China's "Criminal Procedure Law" and comparison with "Civil and Political Rights International Convention Perspective",this paper introduces the progress in human rights protection after the modification on Criminal Procedure Law,and points out that the gap still exists between the revised "Code of Criminal Procedure" and the "International Covenant on Civil and Political Rights".It also describes the improvement of the defense system and the system of compulsory measures.

  15. CRIMINAL PROCEEDINGS AGAINST CHILD

    Directory of Open Access Journals (Sweden)

    Marija Jovanova

    2015-07-01

    Full Text Available Juvenile criminal law is part of the criminal law of a country, it is set of rules and regulations governing the rights and obligations of the minors concerned. Criminal proceedings against a child will raise if there is a crime which has been committed by the child when the child or minor may be answerable for the deed pursuant to justice for children. When it comes to criminal proceedings against a child that is significantly different from the procedure against adult offenders because here we have a special category of people who still do not have sufficient mental maturity and procedures that would guide could have negative consequences child. What characterizes proceedings against a child is that the main emphasis is on offense but the offender. Another feature of the criminal proceedings against children that have some direct criminal proceeding in the direction of an alternative procedure , for example in front of Social Work or a procedure in which a whole would raise concerns about the child's personality , there are numerous variations and entire procedure is conducted in the best interest of the child.

  16. Perspective of Transnational Organized Crime from the Perspective of International Criminal Judicial%从国际刑事司法合作透视跨国有组织犯罪

    Institute of Scientific and Technical Information of China (English)

    张屹

    2016-01-01

    Today's mutual transformation between the international non -traditional security issues have become in-creasingly frequent .International judicial cooperation in criminal matters should not limit their aims in anti -terror-ism cooperation , but also to promote drug control , judicial cooperation in the fight against Transnational Organized Crime and other fields .This is not only because of the high degree of correlation between several types of interna-tional crimes, but also because of the need of a complete and self consistent structure to improve the operation effi -ciency of the organization itself .So analysis of crime of international terrorism and other transnational organized crimes of the symbiotic relationship has been made On the basis of the existing international counter -terrorism poli-cing cooperation mechanism and the international criminal judicial cooperation mechanism ,we can see more perfect comprehensive anti-terrorism mechanism is the core of the problem .%当今国际非传统安全问题之间的相互转化日益频繁,国际刑事司法合作不应将目标局限于反恐合作,还要推进禁毒、打击跨国有组织犯罪等多领域的司法合作。这不仅是由于几种类型的国际犯罪相互之间具有高度相关性,更是由于国际法律机制需要一个完整的自洽性结构以提升组织自身的运作效率。因此解析国际恐怖主义犯罪与其他跨国有组织犯罪的共生关系,基于现有国际反恐警务合作机制与国际刑事司法合作机制的基础之上,寻求更为完善的全面反恐机制是问题的核心。

  17. [Information and consensus for an appropriate medical-legal management of nosocomial infections, also in the light of the recommendations of the Joint Commission International Accreditation and the directions of the Supreme Court].

    Science.gov (United States)

    Buzzi, Fabio

    2010-01-01

    The author, underlined the general importance of the information towards the persons who receive hospital assistance and recalled also the historical bases and the international inquiry upon this matter, precises the reasons that need particular information procedure regarding the hospital infections, because the problems raised by these infections and the safety measures against them request to involve also all people entering the hospital as visitors. On the basis of some specific items fixed by the Joint Commission International Accreditation in order of the duties of the hospital directions, well applicable on this matter, the author suggests that the material impossibility to zeroing occurrence of the hospital infections, in case of litigations between hospitals and patients needs alternative dispute solutions. In this respect the author mentions the opportunities created by law in France and, very recently, in Italy too. Finally, the author points out the pretentions of the Italian Supreme Court about the completeness and the precision that must caractherize the procedure of informed consent about all risks of every medical activity, otherwise the liability of the hospitals and the members of their care staffs is quite presumed--even from the point of view of the penal aforethought--while the medical performance has been proper.

  18. On court interpreters' visibility

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    This paper is part of the initial stage of a larger empirical research project on court interpreting seen as a complex interaction between (at least) three co-participants. The empirical material consists of recordings of interpreted interrogations in court room settings and questionnaires filled...... of the service they receive. Ultimately, the findings will be used for training purposes. Future - and, for that matter, already practising - interpreters as well as the professional users of interpreters ought to take the reality of the interpreters' work in practice into account when assessing the quality...... of the service rendered/received. The paper presents a small-scale case study based on an interpreted witness interrogation. Recent research on the interpreter's role has shown that interpreters across all settings perceive themselves as "visible" (Angelelli 2003, 2004). This has led us to focus...

  19. "People's Trials" in Communist China: An Informal Approach to Criminal Justice.

    Science.gov (United States)

    Tiene, Drew

    1983-01-01

    Describes the contemporary Chinese justice system highlighting the elements of "western" justice it embodies. Presents lesson plans, complete with objectives, procedures, and all required materials, for illustrating the system with two recent Chinese criminal cases which were heard in "people's courts." (JDH)

  20. The Criminalization of Domestic Violence: What Social Workers Need To Know.

    Science.gov (United States)

    Danis, Fran S.

    2003-01-01

    This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. Examines the theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecutions and victim advocacy, court responses, and coordinated community responses to domestic…

  1. Children's perspectives on crime and the criminal justice system: main findings

    CSIR Research Space (South Africa)

    Badenhorst, C

    2008-01-01

    Full Text Available that they have not. Seventy-nine percent (79%) of the children who participated in this pilot study clearly stated a need for training with regard to the criminal justice system (policing, the court proceedings, and the prison system). The rationale for training...

  2. Prosecuting Crimes of International Concern: Islamic State at the ICC?

    Directory of Open Access Journals (Sweden)

    Cóman Kenny

    2017-04-01

    Full Text Available The rise of Islamic State (IS has fundamentally altered the conception of terrorism, a development which international criminal law is arguably unprepared for. Given the scale and gravity of the group’s crimes, questions abound as to how those responsible will be held accountable. In the absence of significant domestic prosecutions and short of the establishment of a dedicated accountability mechanism, the International Criminal Court (ICC stands as the forum of last resort in which IS members could stand trial. Such a proposition is not without significant challenges, however. This article addresses some key issues facing any potential prosecutions from the perspective of: (i jurisdiction; (ii applicable crimes; and (iii modes of liability. First, as Syria, Iraq, and Libya are not States Parties to the Rome Statute, the available avenues for asserting jurisdiction will be assessed, namely: a Security Council referral; jurisdiction over so called ‘foreign fighters’ who are State Party nationals; and jurisdiction over attacks on the territory of a State Party and whether they could be considered part of a broader series of criminal acts in IS held territory. Second, as there is no crime of terrorism in the Rome Statute, the question of prosecuting acts encapsulated in a systematic campaign of terror through existing provisions will be assessed. Third, the regime of accountability at the ICC will be analysed in light of IS’s purported structure and the crimes with which it stands accused. Focus will be directed to those responsible for the propagation of genocidal propaganda and individuals who provide aid or assistance to IS which contributes to its crimes. These questions are far from theoretical. The UN has designated IS a threat to international peace and security. There follows an expectation that international criminal law should play a role in tackling one of the major criminal concerns of our time and ensure that impunity for those

  3. Criminal policy: Basic concepts

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2014-01-01

    Full Text Available In the contemporary literature on law, politicology and security, there have been various attempts in both scientific and applied disciplines to define the notion and content of the crime suppression policy. The differences underlying these diverse views are based on the different starting points, i.e. whether the criminal policy is perceived as: 1] a scientific (academic] discipline; b] a practical daily activity of competent state authorities and other relevant bodies; 3] an activity of combating crime as a set of most dangerous human behaviors which imperil the most important personal assets and social values; and 4] an activity aimed at suppressing all types of illegal behavior (felonies, misdemeanors, delinquency, economic crimes, etc]. Some authors view the policy of crime suppression as a scientific discipline which provides for the appropriate use of existing tools in combating crime. Concurrently, on the basis of defined body of knowledge and analysis, the science (including some sciences outside the field of law] suggests relevant measures for efficient suppression of crime. Another conception is based on the idea that criminal policy has a dual meaning, i.e. that it may be understood as: 1] a practical social activity aimed at accomplishing the envisaged goals (also known as a practical dimension of crime policy], and 2] a scientific discipline which explores, analyses and proposes measures of social reaction towards criminal behavior. In practice, criminal policy encompasses a system of purposeful, consciously planned and coordinated social activities aimed at preventing crime and protecting the society at large. When perceived in this way, criminal policy is the basic element of the general public policy in a specific society. Just like the criminal law of an individual state, criminal policy is based on specific principles (governing rules].

  4. The Problems of Expert Witness in Criminal Law

    Directory of Open Access Journals (Sweden)

    Rafiqa Qurrata A'yun

    2014-12-01

    Full Text Available The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal Procedure Code (KUHAP does not restrict the necessary knowledge, so that the expert testimony about criminal law can also become evidence. However, as one of the evidence that can punish or relieve someone, a testimony stated by an expert should be neutral and objective. This objectivity should be based on scientific arguments, not based on the interests of the party who summoned him/her. This study is descriptive analytic using normative juridical literature and empirical data. It also uses the primary data through guided in-depth interview to the judges, public prosecutors, lawyers, and criminal law experts.

  5. Framework for Analysis of Mitigation in Courts

    Science.gov (United States)

    2005-01-01

    examinations in six Swedish (Andenaes, 1968; Inger, 1986) and five Bulgarian (Terziev, 1987) court trials. Altogether the bilingual corpus consists of 46 000...not be mitigated because they do not have unwelcome effect, which is problematic to apply especially in intercultural communication perspective...Acknowledgements I express my gratitude to Jens Allwood and The Swedish Foundation of International Cooperation in Research and Higher Education (STINT) for

  6. "Symptoms of something all around us": Mental health, Inuit culture, and criminal justice in Arctic communities in Nunavut, Canada.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2016-09-01

    Rehabilitation-oriented criminal court mental health initiatives to reduce the number of people with mental illness caught in the criminal justice system exist in many North American cities and elsewhere but not in the mainly Inuit Canadian Arctic territory of Nunavut. This study explores whether the therapeutic aims of these resource-intensive, mainly urban initiatives can be achieved in criminal courts in Nunavut's resource constrained, culturally distinct and geographically remote communities. A qualitative multiple-case study in the communities of Iqaluit, Arviat and Qikiqtarjuaq involved 55 semi-structured interviews and three focus groups with participants representing four sectors essential to these initiatives: justice, health, community organizations and community members. These interviews explored whether the therapeutic jurisprudence (TJ) principles that guide criminal court mental health initiatives and the component objectives of these principles could be used to improve the criminal court response to people with mental illness in Nunavut. Interviews revealed 13 themes reflecting perceptions of Inuit culture's influence on the identification of people with mental illness, treatment, and collaboration between the court and others. These themes include cultural differences in defining mental illness, differences in traditional and contemporary treatment models, and the importance of mutual cultural respect. The findings suggest Inuit culture, including its recent history of cultural disruption and change, affects the vulnerability of Nunavut communities to the potential moral and legal pitfalls associated with TJ and criminal court mental health initiatives. These pitfalls include the dominance of biomedical approaches when identifying a target population, the medicalization of behaviour and culture, the risk of "paternalism" in therapeutic interventions, and shortcomings in interdisciplinary collaboration that limit considerations of Inuit culture. The

  7. The criminal legal aid in China

    Directory of Open Access Journals (Sweden)

    Long Changhai

    2017-01-01

    Full Text Available УДК 347.965The subject of the article is the criminal legal aid in China.The main goal of this work is to introduce the current state of legal aid in criminal cases in China to Russian scholars and legal professionals.Results. Criminal Legal Aid in China appeared relatively recently, and in the last years of its operation was marked by a number of achievements and some problems. Legal assistance in criminal cases is an integral part of the institute of legal aid in China and plays an invalu-able role in ensuring due process, maintaining the balance between prosecution and de-fense, as well as in guaranteeing human rights. This study contains a general description of the current state of criminal legal aid in China, highlights inherent problems of this institu-tion and describes prospects of its development. This work is based on the Criminal Proce-dure Code of the PRC in version of 2013 year, and provides analysis of the Russian and Chi-nese special literature, Chinese law and practice, as well as the official Chinese statistics. The scope of legal assistance in criminal cases is extremely narrow, the funding is not enough, and the quality leaves much to be desired. These and other shortcomings already have become obstacles to the development of the Chinese criminal procedure law. Despite of a number of changes to the legal regulation of the institute in the 2013 edition of the PRC Criminal Procedure Code, a number of issues remained unresolved.Conclusions. The existing difficulties can be overcame by expanding the scope of legal aid, increase in funding and introduction of public defenders. To increase funding in the budgets proposed to establish minimum public funding of legal aid, to attract non-governmental and international funding, to strengthen control and to ensure openness and transparency of spending. To improve the quality of legal aid PRC government should rise up compensations for lawyers, introduce the institution of public

  8. ADMITTING GUILT IN COURT CASE IN ACCORDANCE WITH NEW LEGISLATIVE CHANGES

    Directory of Open Access Journals (Sweden)

    SIMONA TACHE

    2011-04-01

    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned abovecreate some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case willrequire a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.

  9. Supreme Court eases restriction on group homes for disabled.

    Science.gov (United States)

    1995-06-16

    The Supreme Court ruled, in a six to three decision, that municipalities may not use occupancy limits to bar the establishment of group homes in residential settings if those limits do not apply to families as well. This ruling has made it harder for municipalities to prevent group homes for people with disabilities from locating in single-family neighborhoods. The court held that single-family zoning laws in Edmonds, WA, which forbid occupancy by more than five unrelated people, are not exempt from coverage under the Fair Housing Amendment Act (FHAA) because they do not apply to all people. The case which spurred the court ruling began when the City of Edmonds issued criminal citations against Oxford House-Edmonds, an alcohol and drug addiction treatment group home for ten to twelve adults, for violating the zoning law limiting to five the number of unrelated people allowed to live in a single-family home. The decision establishes a rule for the lower courts that local ordinances are not automatically exempt and must be measured against the anti-discrimination provisions of the Fair Housing Act.

  10. THE INFLUENCE OF TH E DECISIONS OF INTERNATIONAL ORGANIZATIONS IN THE JURISPRUDENCE OF THE COLOMBIAN CONSTITUTIONAL COURT RELATED TO ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

    OpenAIRE

    2008-01-01

    The relationship between law and economics has been an area in which there has been increasing interests among lawyers, economists, and politicians in recent years. Despite this interest, the links between these two disciplines have not been fully approached by Colombian researchers in the subject of Human Rights, especially Economic, Social, and Cultural ones. The purpose of this research is to fill a gap in this area by analyzing the influence that decisions of international organizations h...

  11. The basic concepts of re-modifying the criminal procedure law

    Institute of Scientific and Technical Information of China (English)

    CHEN Weidong

    2006-01-01

    Re-modifying China's Criminal Procedure Law has become an important topic within theoretical circles.Many scholars discuss the question of how to modify Criminal Procedure Law.The author considers re-modifying Criminal Procedure Law based on basic scientific ideas;if these ideas contain paying equal attention to fighting crime and protecting human fights,initially setting up a procedural idea and a view of legal truthfulness,giving priority to justice with due consideration to efficiency,and obeying and consulting the international criminal judiciary justness guidelines that will be followed in re-modifying Criminal Procedure Law,then this re-modifying will be successful.

  12. Environmental criminal offences - victimless crimes?

    OpenAIRE

    Batrićević Ana

    2013-01-01

    Ecological criminal offences, the most serious forms of harming and threatening of environment or its integral parts, represents a global phenomenon of great social hazard. They are often connected with organized transnational criminality, criminal offences against life and bodily integrity, corruption, tax evasion and discrimination. Disputable nature of the subject these incriminations protect imposes a question: “Who are the victims of ecological criminal offences - individuals, soci...

  13. EL PAPEL DE LA CORTE PENAL INTERNACIONAL EN LA PROTECCIÓN DE LOS DERECHOS HUMANOS / THE ROLE OF INTERNATIONAL CRIMINAL COURT IN THE PROTECTION OF THE HUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    Susana Arango Haupt

    2014-10-01

    Full Text Available El presente artículo tiene como finalidad presentar los puntos más relevantes del papel de la Corte Penal Internacional en la protección de los derechos humanos. Para lo anterior, se centrará en explicar las disposiciones estatutarias más importantes sobre la participación de las víctimas durante todas las etapas procesales, teniendo en cuenta los derechos del acusado. Especial atención prestará al carácter distintivo del Estatuto en relación con los delitos de carácter sexual. Abordará también dos casos específicos, el de Callixte Mbarushimana y el de Thomas Lubanga Dyilo. Los susodichos permitirán entender que el cumplimiento de los deberes tanto de las Salas como de la Fiscalía principalmente respecto del estudio de crímenes de carácter sexual, depende en gran medida de la estrategia de litigio y de la formación de los Jueces en relación con la violencia sexual. La importancia de ambos casos reside en el hecho que la Sala Primera de Cuestiones Preliminares determinó no confirmar los cargos en contra de Mbarushimana debido a los deficientes medios probatorios aducidos por la Fiscalía, en tanto que el caso de Thomas Lubanga ha sido el único hasta ahora decidido por la Corte. Además del hecho que en este último caso la Fiscalía no imputó cargos relacionados con delitos sexuales en contra del acusado, y la mayoría de la Sala de Juicio decidió no incluir las ofensas sexuales como constitutivas de la utilización de menores en un conflicto armado. El artículo culminará su análisis haciendo alusión al principio de complementariedad, especialmente a la complementariedad positiva. Teniendo en cuenta este punto, resaltará las falencias de la Fiscalía en el análisis preliminar de la situación de Colombia y cómo las mismas han conllevado a que no se extienda una solicitud formal de investigación. La relevancia de este caso particular reside en que la Fiscalía no tiene criterios claros de valoración de la situación crítica de derechos humanos en el país y por lo tanto carece de razones válidas que expliquen la improcedencia de una investigación formal. Presentará, así mismo, las limitaciones actuales para lograr una implementación efectiva de  las aspiraciones en materia de derechos humanos contenidas en el Estatuto de Roma, más allá de los límites físicos de la Corte. Palabras clave: Corte Penal Internacional. Estatuto de Roma. Víctimas. Acusado. Violencia Sexual. Fiscalía. Salas de Juicio. Thomas Lubanga. Callixte Mbarushimana. Complementariedad. Colombia.

  14. O ESTUPRO ENQUANTO GENOCÍDIO NO TRIBUNAL PENAL INTERNACIONAL PARA RUANDA: UM ESTUDO DO CASO AKAYESU / RAPE AS GENOCIDE AT THE INTERNATIONAL CRIMINAL COURT FOR RWANDA: A STUDY OF AKAYESU CASE

    OpenAIRE

    Lippi, Camila Soares

    2014-01-01

    Este trabalho pretendeu estudar o caso Akayesu, do Tribunal Penal Internacional para Ruanda, sob uma perspectiva de gênero, mais especificamente a sua decisão, pioneira no Direito Internacional, de considerar que o estupro pode constituir genocídio. Pretendeu-se analisar quais são as implicações desse caso para o Direito Internacional e para as abordagens feministas do Direito, e se elas são adequadas para explicar esse fenômeno. O método escolhido foi o estudo de caso. Isto garante um estudo...

  15. The participation of juvenile defendants in the youth court. A comparative study of juvenile justice procedures in Europe

    NARCIS (Netherlands)

    Rap, S.E.

    2013-01-01

    This study revolves around the issue of the participation of juvenile defendants in the youth court. The European Court of Human Rights has put forward the notion that defendants should be able to participate effectively in a court hearing. Moreover, in international children’s rights law it is stip

  16. MIRANDA RULE. IMPACT ON THE ROMANIAN CRIMINAL TRIAL

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2009-10-01

    Full Text Available We hereby want to analyze the right of the accused or of the defendant against self incrimination in a criminal trial, a relatively recent right introduced in the Romanian law, directly connected with the right to self defense in a criminal trial. Furthermore, we will approach the obligations held by the Romanian legislator, within the prerogatives of the criminal legal authorities for guaranteeing this right and meanings that can be retained in case of breach of such procedure. In order to establish the origin of the regulation, the first section of the study will describe the history of the institution, starting from the Supreme Court jurisprudence from the state if Arizona in the already famous trial Arizona vs. Miranda. We will further present the legal framework instituted for implementing this right in the European legal space, section in which we will also approach the position of the European Court of Human Rights with respect to the issue subjected to the analysis. In the third section, we will present the legal framework instituted in Romania, while attempting to mainly highlight the legal relevance of this basic procedural right, as well as the possibility of retaining the existence of an inter conditioning with the principle of the right to a fair trial, according to the European Convention on Human Rights and Fundamental Freedoms.

  17. Brain lesions and their implications in criminal responsibility.

    Science.gov (United States)

    Batts, Shelley

    2009-01-01

    For over 200 years, Western courts have considered pleas of "not guilty by reason of insanity" (NGRI) for defendants in possession of a mental defect rendering them unable to understand the wrongfulness of their act. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing. However, advances in neuroscience--particularly neurological scanning techniques such as magnetic resonance imaging (MRI), functional magnetic resonance imaging (fMRI), computed tomography scanning (CT), and positron emission tomography scanning (PET)--may provide additional, pertinent biological evidence as to whether an organically based mental defect exists. With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them. This review discusses historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial.

  18. INDIRECT INFLUENCE OF COMMUNITY LAW OVER NATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2009-12-01

    Full Text Available The problem of influence of Community law over national criminal law is difficult to be solved even now, because criminal law is very closely related to state sovereignty. However, at European level it is a series of unifying trends in the field of criminal law. This includes: the Corpus Juris Project to develop a number of guiding principles on the protection through criminal law of financial interests of EU, within the European judiciary space; the project of founding a European Prosecutor , which would have extended jurisdiction over the entire European judicial area; at the doctrinaire level the project called ”The Criminal Code of the European Union ” result of encoding the provisions relevant for the Community criminal law and published likewise. Romanian criminal law could not remain outside these trends and this paper reveal some internal acts that reflect the trends observed at European level. Some of this acts have a direct influence, and some of them an indirect influence. An example is represented by art. 3022 of the Romanian Penal Code, which, in the basic variant, besides any operations regarding the import of wastes and residue of any kind or other dangerous goods for public health and environment, incriminates the placing or transit operations on the country without observing the laws. In this text, the phrase "without observing the laws" must be reported to both national regulations and international legal instruments.

  19. Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) scores generated from the MMPI-2 and MMPI-2-RF test booklets: internal structure comparability in a sample of criminal defendants.

    Science.gov (United States)

    Tarescavage, Anthony M; Alosco, Michael L; Ben-Porath, Yossef S; Wood, Arcangela; Luna-Jones, Lynn

    2015-04-01

    We investigated the internal structure comparability of Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) scores derived from the MMPI-2 and MMPI-2-RF booklets in a sample of 320 criminal defendants (229 males and 54 females). After exclusion of invalid protocols, the final sample consisted of 96 defendants who were administered the MMPI-2-RF booklet and 83 who completed the MMPI-2. No statistically significant differences in MMPI-2-RF invalidity rates were observed between the two forms. Individuals in the final sample who completed the MMPI-2-RF did not statistically differ on demographics or referral question from those who were administered the MMPI-2 booklet. Independent t tests showed no statistically significant differences between MMPI-2-RF scores generated with the MMPI-2 and MMPI-2-RF booklets on the test's substantive scales. Statistically significant small differences were observed on the revised Variable Response Inconsistency (VRIN-r) and True Response Inconsistency (TRIN-r) scales. Cronbach's alpha and standard errors of measurement were approximately equal between the booklets for all MMPI-2-RF scales. Finally, MMPI-2-RF intercorrelations produced from the two forms yielded mostly small and a few medium differences, indicating that discriminant validity and test structure are maintained. Overall, our findings reflect the internal structure comparability of MMPI-2-RF scale scores generated from MMPI-2 and MMPI-2-RF booklets. Implications of these results and limitations of these findings are discussed. © The Author(s) 2014.

  20. Enlightenments of International Drug Banning Pact to China's Criminal Policy on Drugs%国际禁毒公约对我国禁毒刑事政策的启示

    Institute of Scientific and Technical Information of China (English)

    李娟

    2011-01-01

    二十一世纪,毒品已成为一个国际性问题,对于全球政治、经济、文化构成了严重的威胁,我国毒品滥用及毒品犯罪的形势也日趋严峻。因此,有必要借鉴国际禁毒公约的理念和方法,结合我国具体国情,进一步完善我国禁毒刑事政策,以便更有效地遏制毒品滥用和毒品犯罪。%In the 21st century,drug crime has become an international problem and a severe threat to global politics,economy and culture.The situation of drug abuse and drug crime in China becomes increasingly serious.Therefore,it is necessary to learn from the concepts and methods of International Drug Banning Pact by combining with specific situation in China to improve China's drug criminal policy so that drug abuse and drug crimes can be restrained effectively.

  1. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...

  2. A Janus-Faced concept : Nuremberg's law on conspiracy vis-à-vis the notion of joint criminal enterprise

    NARCIS (Netherlands)

    Yanev, Lachezar

    2015-01-01

    The scope and nature of conspiracy liability under international criminal law have long provoked controversy among scholars and practitioners alike. The questions whether this notion is a crime, or a form of criminal participation, or both, and what is its relation to the theory of joint criminal en

  3. Managing Criminal Investigations.

    Science.gov (United States)

    Bloch, Peter B.; Weidman, Donald R.

    The report discusses many ways for police managers to improve the success of their departments' criminal investigation efforts. Management issues addressed include budgeting and allocating resources; improving relationships with the prosecutor; interacting with the public, especially victims and witnesses; improving relationships between…

  4. Ecuadorian Criminal Appeal

    Directory of Open Access Journals (Sweden)

    Jaime Flor Rubianes

    2012-12-01

    Full Text Available This paper presents in a didactic way the thesis, the application procedure and the consequences of a criminal appeal in Ecuador. Develops carefully whether and in what areas it should bring this action. It also includes the historical evolution of the appeal in our penal system.

  5. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

    . The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which...

  6. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  7. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-06-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analysed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  8. Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    , this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non...

  9. L’Affaire du génocide. Bosnie et Serbie devant la Cour internationale de Justice ou la dénonciation à l’épreuve du droit international Lawyering Truth. The Genocide Case (Bosnia vs. Serbia before the International Court of Justice, or a Test of Public Denunciation through International Law

    Directory of Open Access Journals (Sweden)

    Pierre-Yves Condé

    2010-07-01

    Full Text Available En 2006 la Cour internationale de Justice a rendu son arrêt dans l’affaire du Génocide introduite par la Bosnie-Herzégovine contre la Serbie treize ans plus tôt. Elle a qualifié de génocide les massacres de Srebrenica de juillet 1995 et jugé que la Serbie, en ne cherchant ni à empêcher, ni à punir ce crime, avait enfreint la Convention pour la prévention et la répression du crime de génocide. L’écart entre les conclusions des juges et la cause plaidée par la Bosnie-Herzégovine, qui alléguait que la Serbie était directement responsable d’un génocide commis sur tout son territoire depuis 1992 au moins, a suscité des critiques radicales de la décision rendue. A partir des plaidoiries orales des parties à l’instance, cet article souligne les difficultés spécifiques rencontrées par la Bosnie dans sa tentative de défendre une cause judiciaire au nom de la vérité.In 2006 the International Court of Justice rendered its Judgment in the Genocide case brought thirteen years earlier by Bosnia and Herzegovina against Serbia. The Court held that the July 1995 Srebrenica massacres amounted to genocide and ruled that Serbia, by failing to prevent the crime and punish those responsible, was in breach of the Convention for the Prevention and Punishment of the crime of genocide. Because of the discrepancy between these judicial determinations and Bosnia’s allegations that Serbia was directly responsible for a genocide committed on her whole territory since 1992 at least, sharp criticisms were leveled at the decision. Focusing on the oral pleadings in the case, the paper aims at demonstrating the specific obstacles met by Bosnia in her efforts to lawyer truth.

  10. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    Western history of crime fiction usually designates Edgar Allan Poe as the undisputed father of the detective story. Crime fiction is, hence, generally associated with incipient modernity and modern societies and cityscapes. Sir Arthur Conan Doyle even asks: Where was the detective story until Poe...... breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... sinological sources introducing a revised introduction of crime fiction on the world’s literary scene. So to answer Doyle’s question about crime fiction before Poe: Crime fiction may have been in China....

  11. Evaluating Court Performance: Findings from Two Italian Courts

    Directory of Open Access Journals (Sweden)

    Luis Lepore

    2012-12-01

    Full Text Available This study is part of a wider research project aimed at developing and testing a Performance Measurement System (PMS for courts based on a Balanced Scorecard (BSC framework. The current study represents an initial effort to describe results of a performance measurement attempt that may suggest some challenges in developing a comprehensive PMS for courts. We have tried to assess the performance in two Italian courts focusing on three issues: efficiency measures (clearance rates, case turnover, and disposition time, culture assessment, and Information Systems (IS success. Our findings provide some useful and interesting insight for researchers and practitioners.

  12. Contributions of family violence research to criminal justice policy on wife assault: paradigms of science and social control.

    Science.gov (United States)

    Fagan, J

    1988-01-01

    Criminal justice policy on family violence has evolved over the past two decades, informed by political activism as well as theory and research from divergent and often competing perspectives. Experimental research on mandatory arrest of men who assault female partners, policy research on special prosecution programs, and the development of treatment programs for men who batter, typify the strategies for applying criminal sanctions to family violence. However, other critical research on family violence has not been integrated into criminal justice policy, limiting policy development and intervention strategies to practices which reflect contemporary models of sanctions and social control. The limited contributions of family violence research to criminal justice policy reflect competing paradigms of social science, the challenge of family violence cases to the normative processes and the social organization of the criminal courts, and divergent perspectives on social control of offenders in family and stranger violence cases. Strategies for an integrated policy development process are suggested.

  13. Padrões do estupro no fluxo do sistema de justiça criminal em Campinas, São Paulo Standard rape cases in the criminal justice system in Campinas, São Paulo

    Directory of Open Access Journals (Sweden)

    Joana Domingues Vargas

    2008-12-01

    Full Text Available Esta pesquisa apresenta a análise longitudinal dos registros, produzidos na Delegacia de Defesa da Mulher, no Ministério Público e nas Varas Criminais, do município de Campinas, estado de São Paulo, que permite identificar tanto as características do estupro (acusados, vítimas e relação existente entre eles, quanto os processos de seleção e de filtragem a que estes são submetidos no decorrer de seu processamento. Os resultados encontrados para Campinas inserem-se nos padrões das queixas de estupro encontrados nos estudos internacionais. Estes indicam que estupro é uma categoria heterogênea, embora os agressores sejam invariavelmente homens e as vítimas jovens. Por outro lado, quando se analisa o processo de seleção criminal, observa-se a filtragem das tipologias encontradas na fase de queixa em três padrões para o crime de estupro: intrafamiliar, cometido por agressor desconhecido e entre jovens que se conhecem.This study presents a longitudinal analysis of the records found in the Women's Defense Division of the Public Ministry and in the Criminal Courts of the municipality of Campinas, São Paulo State. The study identified both the characteristics of rape (the accused, victims and relations between them, as well as the processes of selection and filtering to which they are submit during their processing. The results found for Campinas reflect rape complaints found in international studies, which indicate that rape is a heterogeneous category, although the aggressors are invariably men and the victims young. On the other hand, when the criminal selection process is analyzed, a filtering of typologies is noticed, found in the complaint phase in three standards for the crime of rape: intrafamiliar, committed by an unknown aggressor and among youth who know each other.

  14. Court Remands as a Percentage of New Court Cases Filed

    Data.gov (United States)

    Social Security Administration — Longitudinal report detailing the numbers and percentages of court remand actions received during each Fiscal Year 2010 - onward as compared to the total number of...

  15. Lay people in court: the experience of defendants, eyewitnesses and victims.

    Science.gov (United States)

    Fielding, Nigel G

    2013-06-01

    The article considers the effect of criminal trial procedures on the experience at court of victims, witnesses and defendants. Trials for offences involving physical violence were observed, and interviews conducted with those involved. The article highlights communication problems lay people encountered relating to courtroom conventions, discusses alternative procedures granting more room for narrative testimony, and draws parallels between such an approach and principles of research methods directed to securing valid, reliable data. © London School of Economics and Political Science 2013.

  16. Your business in court: 2009-2010.

    Science.gov (United States)

    Reiss, John B; Hall, Christopher R; Wartman, Gregory J

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices.

  17. Royal Court Theatre International Residency 2001

    Index Scriptorium Estoniae

    2001-01-01

    Alates 1989. a. on tegutsenud teatri juures rahvusvaheline residentuur. Kolmeteistkümnes toimub 16. juulist 10. augustini 2001. Residentuuri programmist, osalejatest., näitekirjanike ja lavastajate koolitusprogrammist. Avaldusi oodatakse 1. märtsini.

  18. Royal Court Theatre International Residency 2001

    Index Scriptorium Estoniae

    2001-01-01

    Alates 1989. a. on tegutsenud teatri juures rahvusvaheline residentuur. Kolmeteistkümnes toimub 16. juulist 10. augustini 2001. Residentuuri programmist, osalejatest., näitekirjanike ja lavastajate koolitusprogrammist. Avaldusi oodatakse 1. märtsini.

  19. International Courts and the Crime of Genocide

    OpenAIRE

    Bou Franch, Valentín

    2013-01-01

    En este trabajo realizo un análisis jurídico de los elementos constitutivos (tanto subjetivos como objetivos) del crimen de genocidio, tal y como han sido interpretados y aplicados por la jurisprudencia internacional. En concreto, se estudia la jurisprudencia de la Corte Internacional de Justicia, del Tribunal Internacional Penal para la antigua Yugoslavia y del Tribunal Internacional Penal para Ruanda sobre el crimen de genocidio.

  20. The right to appeal under the constitution of Albania and court jurisdiction

    Directory of Open Access Journals (Sweden)

    Donika Plakolli

    2017-03-01

    Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

  1. Forms of the criminal environment counteraction to performing the function of state protection of participants in criminal proceedings and measures of its neutralization

    Directory of Open Access Journals (Sweden)

    Dubonosov E.S.

    2014-12-01

    Full Text Available Criminal environment’s counteraction is considered as purposeful, active and intentional influence of its representatives on participants in criminal proceedings. It is directed at persons who, due to their professional duties, are involved in detection and investigation of crimes as well as court proceedings, or who possess evidentiary information (witnesses, victims, etc.. Counteraction may be expressed in different ways: discrediting operatives, investigators and judges; pressure on persons involved in the investigation and the trial through bribery, blackmail, threats to life and health of themselves and their family, etc. The administration of justice becomes inefficient due to the variety of forms and purposes of counteraction. The importance of operational units’ awareness of the activities of criminal environment representatives is shown. The importance of revealing the facts of unlawful influence on witnesses and victims of crime, who subsequently acquire procedural status of witnesses and victims, in order to prevent such facts is also stressed. It is proposed to suppress the counteraction of criminal environment by following ways: 1 identifying (with the help of informants and by crime detection actions the persons attempting to influence the preliminary investigation; 2 documenting the suspects actions aimed at illegal influence on participants in criminal proceedings for the purpose of conducting the procedural actions and decision making; 3 “in cell” (using an agent crime detection actions against detainees and arrestees throughout the whole process of covert operation; 4 creating investigative team to develop a common mechanism to neutralize criminal environment’s counteraction to crime investigation.

  2. First Year at Somerset Court

    Science.gov (United States)

    Elgar, Sybil

    1975-01-01

    Twenty-three autistic adolescents are currently being provided with individualized programs of education, social and work experience at Somerset Court, the first British residential center of its kind. (LH)

  3. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...... from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial...

  4. BORDERS OF COMMUNICATION PRIVACY IN SLOVENIAN CRIMINAL PROCEDURE – CONSTITUTIONAL CHALLENGES

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2015-01-01

    Full Text Available Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.

  5. Ten tendencies of criminal justice

    Institute of Scientific and Technical Information of China (English)

    HE Jiahong

    2007-01-01

    A study of the global tendencies of criminal justice will help us design a more scientific and rational pathway for the reformation of existing criminal justice system of China. In the forthcoming several hundred years to come, theworld's criminal justice is to take on ten tendencies, that is, the tendency toward unity, civilization, science, rule of law, human rights, justice, efficiency,specialization, standardization and harmony.

  6. Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

    Directory of Open Access Journals (Sweden)

    Cvjetko Božica

    2006-01-01

    Full Text Available In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is “reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace”. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

  7. "California v. Greenwood" Moot Court Simulation.

    Science.gov (United States)

    Hess, Diana

    1989-01-01

    Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

  8. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  9. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction.......In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction....

  10. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

    Full Text Available The independence of the court is essential of state of rule, to maintain the stability in juridical intercourse, for the existence of a constitutional democracy achieved through a warranty of the necessary objectivity for the steady and legal settlement of the causes deducted to the trial and the achievement of a fair trial. The article emphasizes the main international juridical tools in which independence of justice is reflected, achieving an examination of judicial practice of European instance as well as an analysis of this principle as it is regulated by Romanian justice.

  11. El comportamiento criminal en Colombia

    OpenAIRE

    Jaime Samudio

    2001-01-01

    Se presentan los principales factores que influyen en el comportamiento criminal, que son de cuatro clases: precriminógenos (factores sociohistóricos y biológicos), criminógenos 1 (pautas de crianza), criminógenos 2 (en la pubertad y adolescencia) y citcunstanciales (condiciones que aumentan la probabilidad de la conducta criminal facilitándola). Se describen varios casos, incluyendo los "gamines" de Colombia, la llamada "cultura de la violencia", la migración, y otros. Se analiza...

  12. 19 CFR 175.31 - Publication of notice of court decision.

    Science.gov (United States)

    2010-04-01

    ... International Trade or of the Court of Appeals for the Federal Circuit which sustains, in whole or in part, a... 19 Customs Duties 2 2010-04-01 2010-04-01 false Publication of notice of court decision. 175.31...; DEPARTMENT OF THE TREASURY (CONTINUED) PETITIONS BY DOMESTIC INTERESTED PARTIES Procedure Following...

  13. The concept of the rule of law and the European Court of Human Rights

    NARCIS (Netherlands)

    Lautenbach, G.

    2013-01-01

    This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a backgroun

  14. The Impact of Teen Court on Rural Adolescents: Improved Social Relationships, Psychological Functioning, and School Experiences.

    Science.gov (United States)

    Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith

    2017-08-01

    Teen Court is a prevention program aimed at diverting first time juvenile offenders from the traditional juvenile justice system and reintegrating them into the community. Few studies have examined if Teen Court impacts adolescent functioning. We examined how Teen Court participation impacted psychosocial functioning, social relationships, and school experiences in a sample of 392 rural Teen Court participants relative to two comparison samples, one from the same county as Teen Court (n = 4276) and one from a neighboring county (n = 3584). We found that Teen Court has the potential to decrease internalizing symptoms, externalizing behavior, violent behavior, parent-adolescent conflict, and delinquent friends, and increase self-esteem and school satisfaction.

  15. A Pilot Test of a Mobile App for Drug Court Participants.

    Science.gov (United States)

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery.

  16. Teaching International Law: Concepts in International Relations

    Science.gov (United States)

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  17. [The pedophilic criminal].

    Science.gov (United States)

    Heim, M; Morgner, J

    1985-02-01

    After a review of the literature dealing with pedophilia, the results of an analysis of 100 forensic psychiatric reports dealing with pedophile criminals are described. They show that, except for a few homosexual pedophiles, pedophilia is a pseudoperversion originating from different developmental conditions and, in individual cases, verifiable personality traits. The authors discuss problems involved in the forensic-psychiatric assessment of these delinquents. Attention is drawn to the necessity of purposeful, coordinated further education in this respect to enable the existing considerable discrepancies between forensic-psychiatric evaluation of these and other sexual deviants to be overcome.

  18. Professional negligence in dental practice: Potential for civil and criminal liability in India

    Directory of Open Access Journals (Sweden)

    Ashith B Acharya

    2009-01-01

    Full Text Available The doctor/dentist-patient relationship has transformed over the last two decades. Health professionals are increasingly viewed as providers of service for consideration. The Consumer Protection Act (CPA was enacted in 1986 for better protection of the interests of consumers as well as to provide a simple and quick mechanism for redressing consumer grievances. Since 1995, health professionals have been included within the ambit of the CPA, empowering the patient to file lawsuits (in case of perceived negligence in consumer courts. This review explores the definitions of ′consumer′, ′services′, and ′negligence′, discussing their implications with respect to civil and criminal liability of dentists, while providing relevant case examples and court guidelines in landmark judgments. It is concluded that the potential for civil lawsuits against dentists for negligent actions is existent, although the prospect of a dentist being held liable for criminal negligence is low.

  19. From arrest to sentencing: A comparative analysis of the criminal justice system processing for rape crimes

    Directory of Open Access Journals (Sweden)

    Joana Domingues Vargas

    2008-01-01

    Full Text Available The current article is intended to demonstrate the advantages of prioritizing an analysis of court caseload processing for a given type of crime and proceeding to a comparison of the results obtained from empirical studies in different countries. The article draws on a study I performed on rape cases tried by the court system in Campinas, São Paulo State, and the study by Gary LaFree on rape cases in the United States, based on data in Indianapolis, Indiana. The comparative analysis of determinants of victims' and law enforcement agencies' decisions concerning the pursuit of legal action proved to be productive, even when comparing two different systems of justice. This allowed greater knowledge of how the Brazilian criminal justice system operates, both in its capacity to identify, try, and punish sex offenders, and in terms of the importance it ascribes to formal legal rules in trying rape cases, in comparison to the American criminal justice system.

  20. Defendants' Rights in Criminal Trials.

    Science.gov (United States)

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  1. Racial Profiling and Criminal Justice

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2011-01-01

    According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are c...

  2. Prison as a Criminal School:

    DEFF Research Database (Denmark)

    Gorinas, Cedric; Damm, Anna Piil

    We investigate peer effects on crime-specific recidivism using register data for the entire Danish prison population. We find that inmates strengthen criminal capital in prison due to exposure to offenders with the same field of specialisation (reinforcing peer effects). Our results accord...... are especially strong due to exposure to more experienced criminals and dropouts....

  3. Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

    Science.gov (United States)

    Young, Gerald

    2015-01-01

    Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models.

  4. The End of Doctrine?On the Symbolic Function of Doctrine in Substantive Criminal Law

    Directory of Open Access Journals (Sweden)

    Ferry de Jong

    2011-10-01

    Full Text Available Recently, there have been various developments within Dutch substantive criminal-law doctrine that in some important ways suggest a shift towards a common-law conception of judicial interpretation in different topics which are central to substantive criminal law. The developments suggest that criminal-law doctrine in the Netherlands is becoming sketchier and is losing some theoretical profundity. Building on Cassirer's philosophy of symbolic forms, Shapiro's planning theory of law, and Wittgenstein's considerations on rule-following, this article aims to contribute to a description of the independent function of doctrine in substantive criminal law, by addressing the question as to how, and in what sense, doctrine 'helps' the court in applying the statutory and non-statutory criminal-law norms. It is argued that the law constitutes a 'symbolic form' that is to some extent disassociated from the social life-world, and that is construed by way of sophisticated, shared forms of 'social planning'. These forms of social planning form parts of a 'practice' governed by a specific 'legal point of view'. It is further argued that criminal-law doctrine, in a radical sense, comprises a form of proceduralization, by means of which the adjudicating judge is 'directed' to a certain position within the criminal law's symbolically construed space. It is concluded that criminal-law doctrine fulfils an important function in 'situating' the judge, and in 'prompting' or 'compelling' the judge, from his subjective position, to apply a criminal-law norm in an objectively correct manner.

  5. The End of Doctrine?
    On the Symbolic Function of Doctrine in Substantive Criminal Law

    Directory of Open Access Journals (Sweden)

    Ferry de Jong

    2011-10-01

    Full Text Available Recently, there have been various developments within Dutch substantive criminal-law doctrine that in some important ways suggest a shift towards a common-law conception of judicial interpretation in different topics which are central to substantive criminal law. The developments suggest that criminal-law doctrine in the Netherlands is becoming sketchier and is losing some theoretical profundity. Building on Cassirer's philosophy of symbolic forms, Shapiro's planning theory of law, and Wittgenstein's considerations on rule-following, this article aims to contribute to a description of the independent function of doctrine in substantive criminal law, by addressing the question as to how, and in what sense, doctrine 'helps' the court in applying the statutory and non-statutory criminal-law norms. It is argued that the law constitutes a 'symbolic form' that is to some extent disassociated from the social life-world, and that is construed by way of sophisticated, shared forms of 'social planning'. These forms of social planning form parts of a 'practice' governed by a specific 'legal point of view'. It is further argued that criminal-law doctrine, in a radical sense, comprises a form of proceduralization, by means of which the adjudicating judge is 'directed' to a certain position within the criminal law's symbolically construed space. It is concluded that criminal-law doctrine fulfils an important function in 'situating' the judge, and in 'prompting' or 'compelling' the judge, from his subjective position, to apply a criminal-law norm in an objectively correct manner.

  6. Always "Outsiders": Asians, Naturalization, and the Supreme Court.

    Science.gov (United States)

    Lesser, Jeff H.

    1986-01-01

    Focuses on Supreme Court naturalization rulings in relation to Asian immigrants. Asserts that an ethos of racial exclusion set the stage for internment of Japanese Americans in World War II and continues to discriminate against Asian immigrants in the United States today. (GC)

  7. Obtaining the child testimony in the criminal proceedings.

    Science.gov (United States)

    Marinović, Dunja; Palijan, Tija Zarković; Marinović, Marin; Krpina, Milena Gasparović; Piglić, Iva; Nikolić, Harry

    2010-04-01

    Children fall under the special category of vulnerable witnesses. Children's vulnerability is the reason that we must approach obtaining the child's testimony in the criminal proceedings with special attention. It is important to take the child's testimony as soon as possible and to avoid the repetition of interrogation. The criminal proceedings law and the juvenile court law enable children interrogation through the professional person without the presence of other parties in the procedure and enable the recording of such interrogation by audio-video link which considerably diminish the secondary victimization. The professionals who obtain the testimony must be well acquainted with children's psychological development. Knowledge of psychological development is of major importance in order to make the quality arrangements for interrogation and to interrogate the child and to achieve positive social contact between the examiner and the examinee and it is also of great importance for the credibility evaluation of the child's testimony. The adequate way of children interrogation will enable the child to say the correct information and to recognize the perpetrator. The forensic interview is well elaborated and child adapted technique of interrogation. Respecting the rules of forensic interview will enable the child's testimony on court to be relevant evidence.

  8. Teen Court: A National Movement. Technical Assistance Bulletin No. 17.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  9. Teen Courts and Law-Related Education. ERIC Digest.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  10. How do Criminal Defence Barristers Work with Psychological Distress throughout the Courtroom Process?

    OpenAIRE

    Kelly , Lynsey

    2015-01-01

    Whilst a significant proportion of those coming through the Magistrates’ Court have mental health difficulties and associated social disadvantage and vulnerability, there would appear to insufficient resources to meet their needs. Eight criminal defence barristers, who received no professional training in mental health, were interviewed about their experience of working with these clients. Thematic analysis of data, from a critical realist epistemological position, generated two themes. “Work...

  11. 78 FR 69817 - Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of...

    Science.gov (United States)

    2013-11-21

    ... International Trade Administration Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and... Commerce. SUMMARY: On January 18, 2012, the Court of International Trade (CIT) entered judgment in KYD Inc. v. United States, 807 F. Supp. 2d 1372 (CIT January 18, 2012) (KYD v. United States) affirming...

  12. 刑事案件审前社会调查制度实证研究--以长乐法院审前社会调查运行情况为样本%The Empirical Study of Pre-trial Social Investigation System in Criminal Cases--Take the Pre-trial Social Investigation Operation in Changle Court as a Sample

    Institute of Scientific and Technical Information of China (English)

    陈珠; 叶凌

    2014-01-01

    审前社会调查制度的设立,为法院对被告人正确适用非监禁刑提供了参考,同时为教育、感化、挽救未成年被告人提供重要的依据。但实践中,仍存在着立法基础相对落后性、委托中的操作困难性、评估意见书的定性模糊等缺陷,这都导致审前社会调查无法完全发挥出预期效果。为此,必须从构建统一又区分的立法体系、建立以公安为主、法检为辅的审前社会调查程序、建立本地与外地司法局间直接委托关系、明确评估意见书的“参考”性质等多方面予以完善,从而发挥审前社会调查制度的最大功能。%The establishment of pre-trial social investigation system provides a reference on the application of non imprisonment punishment for the court , and offers an important basis for "educating , probating , saving"ju-venile defendants .But in practice , there still exist some defects which make it difficult for the social investigation to play its expected effect , such as the backwardness in legislation , the difficulty in operation and the ambiguity in assessment .In order to solve the problem , we should build a unified but different legislation system , establish the pre-trial social investigation procedure in which police is predominant while the court or procuratorate is auxiliary , set up a principal-agent relationship between local and out-of-town justice bureaus , and define the assessment as just a "reference".

  13. Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

    Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

  14. Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

    Science.gov (United States)

    Edelstein, Arnon

    2016-01-01

    Since Cesare Lombroso's days, criminology seeks to define, explain, and categorize the various types of criminals, their behaviors, and motives. This aim has theoretical as well as policy-related implications. One of the important areas in criminological thinking focuses chiefly on recidivist offenders who perform large numbers of crimes and/or commit the most dangerous crimes in society (rape, murder, arson, and armed robbery). These criminals have been defined as "habitual offenders," "professional criminals," "career criminals," and "serial offenders." The interest in these criminals is a rational one, given the perception that they present a severe threat to society. The main challenge in this area of research is a conceptual problem that has significant effects across the field. To this day, scholars have reused and misused titles to define and explain different concepts. The aim of this article is 3-fold. First, to review the concepts of criminal career, professional crime, habitual offenses, and seriality with a critical attitude on confusing terms. Second, to propose the redefinition of concepts mentioned previously, mainly on the criminal career. Third, to propose a theoretical model to enable a better understanding of, and serve as a basis for, further research in this important area of criminology.

  15. Special forms of criminal property confiscation

    Directory of Open Access Journals (Sweden)

    Lajić Oliver

    2012-01-01

    Full Text Available Confiscation has existed in the domestic legal system for more than half a century. Considering limitations in practical implementation of this principle, espe­cially in the context of fighting against organized crime, the domestic legislator has recently offered new solutions for “criminal property” confiscation in the form of criminal property confiscation procedure regulated by a special law. In this sense, this paper ana­lyzes the specific characteristics of organized crime phenomena, which require a different approach compared to the standard solutions in this area, criticizing such solutions, as well as the state of the local law and practice that preceded the adoption of the above mentioned regulation. The author concludes that criminal property confiscation may be considered as a desirable instrument in the fight against organized crime, whereby we should be careful in creating the related normative and legal framework, thus avoiding numerous negative effects that may challenge its creators. He also points out the international element that has significant influence in the design and practical implementation of the national models. [Projekat Ministarstva nauke Republike Srbije, br. 179045: Razvoj institucionalnih kapaciteta, standarda i procedura za suprotstavljanje organizovanom kriminalu i terorizmu u uslovima međunarodnih integracija

  16. Information criminality - a phenomenon met within the informatics field

    CERN Document Server

    Filote, C

    2010-01-01

    The phenomenon described as "information criminality" has taken significant proportions in the last decade, fact that carried out towards an international legislative frame, by implementing judicial forms, which might stop its occurrences. As matter of fact, the information criminality represents an information technology aiming towards fraud and prejudicing the users of informational data, by various means to infringement of the law. In this way, some international organizations have dealt with performing a legislative framework, able to punish the phenomenon of information criminality and implicitly to protect the users of computers. The transnational expansions, extremely fast as concerns the computer networks, and extending the access to these networks, by means of mobile telephony, have brought the increasing of these systems' vulnerability and the creating of opportunities of breaking the law. Considering these aspects, the world legislation is continuously changing, due to a more and more accelerated d...

  17. International consultation on the criminalization of HIV transmission: 31 October-2 November 2007, Geneva, Switzerland. Joint United Nations Programme on HIV/AIDS (UNAIDS) Geneva, United Nations Development Programme (UNDP), New York, 2007.

    Science.gov (United States)

    2009-11-01

    Since the beginning of the HIV epidemic, some jurisdictions have applied criminal law to the transmission of HIV. In 2002, UNAIDS issued a policy options paper on this issue. In light of renewed calls for the application of criminal law to HIV transmission and concerns raised in this regard by the UNAIDS Reference Group on HIV and Humans Rights and others, UNDP and the UNAIDS Secretariat decided to bring together a number of legal experts and other concerned stakeholders to discuss this issue in the context of an effective human rights and public health response to HIV. The discussion would inform a UNAIDS/UNDP policy brief on this subject. It was clarified that the consultation would focus primarily on HIV transmission through sexual contact, although it was noted that concerns exist in relation to applying criminal law to HIV transmission in other contexts. This Bookshelf article consists of excerpts from the report of the meeting.

  18. Commentary: the problem of agreement on diagnoses in criminal cases.

    Science.gov (United States)

    Patterson, Raymond F

    2010-01-01

    The authors present an important two-part study as they strive to provide an empirical analysis of psychiatric diagnoses in criminal case reports in Australia. In the first part, they compare the level of agreement or correlation of diagnoses between pairs of experts who prepared reports for either the prosecution or defense with other reports prepared for the same and opposing sides and by profession (i.e., psychiatrists and/or psychologists). In the second part, they compare the level of agreement or correlation between experts retained by either the prosecution or defense and treating practitioners. Psychiatric diagnoses are fundamental requirements that may affect the adjudication of criminal and civil cases. Both parts of the study focus on criminal cases and are very exciting in that they review not only the correlation of agreements in these areas but also address indirectly the concept of the so-called hired gun. The development of specialized expertise in the evaluation and assessment of defendants by designated opinion or expert witnesses has progressed over time. The nexus between psychiatry and the law (i.e., forensic psychiatry) has included the presentation of psychiatric diagnosis to the courts and the necessity for the expert or treating practitioner to address legal questions raised by the court. This study makes important steps in the direction of examining and analyzing the role of psychiatric diagnosis according to the responsibilities of the evaluator (i.e., as independent examiner or treating practitioner), as well as the possible influence of professional training and experience on differences in diagnoses between two evaluators. It is anticipated that there will be further work in these areas to address not only diagnoses but forensic recommendations and opinions.

  19. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...

  20. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

    markdownabstract__Abstract__ Most recently, several countries on the European continent have admitted, or are discussing to admit, English as an optional court language. This article provides some information about the background of these recent initiatives, projects and reforms, clarifies the idea

  1. The use of neuroscientific evidence in Canadian criminal proceedings.

    Science.gov (United States)

    Chandler, Jennifer A

    2015-11-01

    This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective.

  2. Environmental criminal offences - victimless crimes?

    Directory of Open Access Journals (Sweden)

    Batrićević Ana

    2013-01-01

    Full Text Available Ecological criminal offences, the most serious forms of harming and threatening of environment or its integral parts, represents a global phenomenon of great social hazard. They are often connected with organized transnational criminality, criminal offences against life and bodily integrity, corruption, tax evasion and discrimination. Disputable nature of the subject these incriminations protect imposes a question: “Who are the victims of ecological criminal offences - individuals, social groups, entire society or environment as value per se?” Perceiving ecological criminal offences as victimless crimes diminishes their importance and the circle of subjects interested to unveil, prove, prevent, suppress and impose punishments for these offences. Therefore, the author discusses the sustainability of the traditional, anthropocentrically defined term of victim in the context of biocentrism and its growing influence on criminal law, criminology and victimology. Attempting to determine whether ecological criminal offences represent victimless crimes, the author analyzes their term, characteristics and significance. Starting from the traditional definition of victim, she analyzes the term of “victimless crimes“ and its (unsustainability in the context of environmental crime, focusing on its most frequent victims and the necessity of their protection.

  3. CRIMINAL PROTECTION OF PRIVATE LIFE

    Directory of Open Access Journals (Sweden)

    RADU SLAVOIU

    2012-05-01

    Full Text Available This study is meant, first of all, to analyze the incriminations that the new Romanian Criminal Code sets for the protection of a person’s private life as a social value of maximum significance both for the human being and for any democratic society as a whole.There are two criminal offences treated in this study that are not to be found in the current criminal legislation: violation of private life and criminal trespassing of a legal person’s property. Likewise, the study will bring forth the novelties and the differences regarding the offences of criminal trespassing of a natural person’s property, disclosure of professional secret, violation of secret correspondence, illegal access to computerized system and illegal interception of electronic data transfer – acts that when, directly or indirectly, committed can cause harm to the intimacy of a person’s life.As an expression of the interdisciplinary nature of this subject, the study also sets out, as a subsidiary aspect, an evaluation of the circumstances under which the new criminal proceeding legislation allows public authorities to interfere with an individual’s private life. Thus, the emphasis is on the analysis of the circumstances under which special surveillance and investigation techniques can be used as evidence proceedings regulated by the new Romanian Criminal Procedure Code.

  4. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  5. Putting polluters in jail: the imposition of criminal sanctions on corporate defendants under environmental statutes

    Energy Technology Data Exchange (ETDEWEB)

    1985-01-01

    Congress included criminal sanctions in several current environmental statutes in an attempt to punish those who jeopardize the public's health and well being by polluting. After exploring how criminal sanctions are actually employed by the courts against corporate defendants, the author argues that these sanctions are ineffective deterrents. Special problems which exist for the prosecutor or judge who attempts to invoke criminal sanctions against a corporate defendant raise questions about the feasibility and propriety of punishing the corporate entities and difficulties associated with proceeding against a corporate official or responsible individual within the corporate organization. The only way to make the sanctions effective is to use them and to impose both fines and jail sentences on the guilty parties.

  6. La cosa criminal

    Directory of Open Access Journals (Sweden)

    Belen del Rocio Moreno; Moreno

    2005-01-01

    Full Text Available A partir de la lectura de "La manzana en la oscuridad" de Clarice Lispector, el texto deriva una clínica del acto. Éste implica un movimiento de separación tanto del lenguaje como del lazo con los semejantes y provoca por ello mismo un acceso a lo real del goce, caracterizado por la perplejidad. El artículo retoma el concepto freudiano de cosa para designar la dimensión más ajena y refractaria de la relación con el prójimo y señala cómo en el acto criminal se trata de un empuje que apuntaría a acceder a esa dimensión causa de la subjetividad.

  7. Probability Arguments in Criminal Law - Illustrated by the Case of Lucia de Berk

    Directory of Open Access Journals (Sweden)

    Herman Philipse

    2015-01-01

    Full Text Available Which logic of probability should be applied with regard to factual hypotheses in criminal cases? In this article, I discuss two possible logical reconstructions of the so-called Coincidence Argument, which played a crucial role in the conviction of Lucia de Berk by the Court of Appeal of The Hague (Gerechtshof ’s-Gravenhage in 2004. If the argument is construed as an instance of the Law of Likelihood, nothing follows with regard to the probability that Lucia was a serial killer. If, however, the Argument from Coincidence may be interpreted charitably as an instance of Bayesian updating, the Court of The Hague did not fathom the diversity of the data needed in order to make it sound. Clearly, the Court had an insufficient grasp of the logic involved in the Coincidence Argument. Since this example is not atypical, I recommend law faculties to include probability logic (inter alia in their courses on legal reasoning.

  8. Crime victims in the criminal justice system

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja M.

    2003-01-01

    Full Text Available Negative social reaction and inadequate reaction of the agencies of the formal control on the primary victimization is leading to the so called secondary victimization that can be a source of trauma and frustration as much as the primary victimization. Due to that, relation of the police and the judiciary towards the crime victims is of a great importance regarding victims’ willingness to report the victimization, their confidence in these agencies, and cooperation during clearing up the crime. In order to realize the victim’s position in the criminal justice system, this paper contains an overview of how the police, prosecutor’s office and courts are functioning. The paper is based on the interviews made with the representatives of these state agencies, as well as on the previous knowledge and realized surveys concerning this topic. The aim of the paper is to emphasize the position and the role of the victim support service in the system of the state intervention, based upon the obtained data, as well as to give some basic information on how victims could report the crime, what are their rights and duties, what can they expect from the competent agencies.

  9. Employment, employment-related problems, and drug use at drug court entry.

    Science.gov (United States)

    Leukefeld, Carl; McDonald, Hope Smiley; Staton, Michele; Mateyoke-Scrivner, Allison

    2004-01-01

    The literature indicates that employment may be an important factor for retaining substance misusing clients in treatment. Given the link between employment problems and treatment retention for Drug Court clients, the current project builds upon the existing services provided by Drug Courts in order to develop and implement an innovative model that focuses on obtaining, maintaining, and upgrading employment for Drug Court participants. The purpose of this article is to (1) describe the employment intervention used in Kentucky Drug Courts, which is grounded in established job readiness and life skill training approaches; and (2) profile those participants who were employed full-time prior to Drug Court and those who were not. Findings suggest that those employed full-time were more likely to have higher incomes and more earned income from legitimate job sources, although there were no differences in the types of employment (major jobs included food service and construction). In addition, study findings suggest that full-time employment was not "protective" since there were few differences in drug use and criminal activity by employment status. Employment interventions need to be examined to determine their utility for enhancing employment and keeping drug users in treatment. This article focuses on the initial 400 participants, who began entering the study in March, 2000.

  10. COURT VERDICT ANOMALY THAT DROPPED PUNISHMENT AGAINST CHILDREN UNDER 12 (TWELVE YEARS OLD

    Directory of Open Access Journals (Sweden)

    Sabungan Sibarani

    2015-09-01

    Full Text Available The protection of children is a very serious problem and need to be considered better. That is because the child has a very important role in life of the nation in the future. Author emphasizes research how the legal effect of a District Court decision which is contrary to the Constitutional Court No. 1/PUU-VIII/2010. The author examines the problem with normative legal research methods. The research data shows that the victims are Doni Yoga (DY who was aged 11 years old. Doni Yoga charged with the crime of theft under Article 363 paragraph (1 of the Criminal Code of the theft. The author concluded that the decisions of the cases by Pematangsiantar District Court has been at odds with the law and the Constitutional Court Decision No. 1 / PUU / 8/2010. However, the decision is still to be considered true and valid throughout not be appealed or an appeal that was canceled by court decision on a higher level.

  11. Towards corporate liability in international criminal law

    NARCIS (Netherlands)

    Stoitchkova, D.E.

    2010-01-01

    Please note that the electronic publication of this dissertation through Igitur is subject to a 2-year embargo period! Seeking to address the problem of corporate involvement in genocide, crimes against humanity and war crimes, this study explores the desirability and feasibility of subjecting multi

  12. Criminal Control and Evaluation of Extreme Nationalist Terrorist Crime

    Institute of Scientific and Technical Information of China (English)

    Ran Hui

    2017-01-01

    After entering the 21st century, ter ̄rorist crimes have become more serious. Terrorism has become one of the worst problems of the mod ̄ern world and will continue to be a serious problem in the future. China is also facing the challenge of terrorist crime. Can the present criminal system accomplish the mission of legislative control of these crimes and fulfill the goal of penalising them? It seems that a review and evaluation of the rele ̄vant criminal legislation and policies is necessary. There are different definitions of terrorist crimes. American scholars Alex P. Schmid and Albert J. Jongman gave a review of 109 different definitions that appeared during the period from 1936 to 1983 , and proposed their own opinions in the book Political Terrorism. Chinese scholar Hu Lianhe analyzed 50 definitions that appeared after 1982, and proposed his own idea. On January 1 2016 , the third article of the Zhonghua renmin gongheguo fan kongbu zhuyi fa ( Anti -terrorism Law of the P. R. C) formally defines “terrorism”and “terrorist activities”. Generally speaking, both the academic and legal definitions have gener ̄alized three characteristics of “terrorist crime”from subjective and objective aspects: 1 ) taking social order, public security, personnel and prop ̄erty as the target of the ( terrorist ) behavior; 2 ) hurting the targets described above or threatening the state organs or international organizations by way of violence, destruction or intimidation; 3 ) taking the realization of some certain political or i ̄deological purpose and claims as the ultimate goal of the ( terrorist) behavior. Concerning the relation between extreme na ̄tionalism and terrorism, the general idea is that“there is no pure form of nationalism; it is always combined with some certain political or social pow ̄er, and characterized with social movement or his ̄torical process”. And seeing from the development course of terrorism,“nationalism is one of the most

  13. Beyond court digitalization with ODR

    Directory of Open Access Journals (Sweden)

    Dory Reiling

    2017-05-01

    Full Text Available “I felt so sorry for you, such a lovely tool, and then you have no users!” This was one of the comments after my presentation of the eKantonrechter at ODR2016, organized by HIIL in the Hague in May 2016. ODR, online dispute resolution, was presented as a tool to solve all problems in the 4th Trend Report by HIIL after the conference. A weblog, however, commented that ODR had raised hopes in its early promoters, but had not really taken off. ODR is a tool to help parties in de dispute resolve their problem. There are various examples of ODR tool: supporting double blind bidding to determine a sum of money, working out divorce settlements, negotiating a solution and taking a case to court. Interesting research questions abound in the area of ODR and its users: What paths do people take when trying to resolve a problem? How can people have ownership of their court procedure? How can solutions, ODR and court procedures, best be tailored to the type of problem? The article describes the development of the e-Kantonrechter, a digital small claims procedure, as an example. ODR and its users is a field in which law and society researchers can effectively contribute to improving digital problem solving and dispute resolution procedures in court.

  14. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  15. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

    Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...... of an investigation regarding one kind of interpreter modification in particular: additions. The investigation was undertaken for a doctoral thesis....

  16. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

    Full Text Available This paper studies the creation of Juvenile or Children's Courts in Spain, analysing their reasons and aims, as well as the ethical and political connotations present on their way of acting. Their history and the one of the institutions that complement them is built from the legislation, writings and ideas of their promoters.

  17. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

    After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

  18. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  19. Student Rights and the Courts.

    Science.gov (United States)

    ERIC Clearinghouse on Educational Management, Eugene, OR.

    This chapter of "The Best of the Best of ERIC" contains 17 annotations of documents and journal articles on student rights and the courts, all of which are indexed in the ERIC system. Materials on sex discrimination, suspension and expulsion, due process, mainstreaming, school publications, and other topics are annotated. (DS)

  20. 22 CFR 120.27 - U.S. criminal statutes.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false U.S. criminal statutes. 120.27 Section 120.27 Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... (relating to espionage involving defense or classified information) or § 2339A of such title (relating...

  1. Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

    Directory of Open Access Journals (Sweden)

    Akeem Olajide Bello

    2013-03-01

    Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

  2. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

    The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

  3. Some considerations of authority of the courts

    Directory of Open Access Journals (Sweden)

    Žaklina Harašić

    2015-06-01

    We are showing that some solutions of Croatian lawmaker means exception from the principle of European-continental law in which decisions of higher courts binds lower courts because of their quality, so there are some types of binding decisions of higher courts which have “de facto” effect of precedents.

  4. Court Decisions Go Online in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    A website has been initiated by the BeijingHigher People's Court to help people search andreview the documents of judicial decisions onintellectual property rights(IPR)cases handled bythe courts in Beijing at various levels.A chief judge from the Beijing Higher People'sCourt said that all of the judicial documents of the

  5. Handedness, criminality, and sexual offending.

    Science.gov (United States)

    Bogaert, A F

    2001-01-01

    A very large database was used to investigate whether men with a history of criminality and/or sexual offending have a higher incidence of nonright-handedness (NRH) relative to a control sample of nonoffender men. The sample (N>8000) comprised interviews by investigators at the Kinsey Institute for Sex and Reproduction in Indiana. The general offender group and a subsample of sex offenders (e.g. pedophiles) had a significantly higher rate of NRH relative to the control (nonoffender) men. In addition, evidence was found that the general criminality/NRH relationship might result from increased educational difficulties that some nonright-handers experience. In contrast, education was unrelated to the handedness/pedophilia relationship, suggesting that there may be a different mechanism underlying the handedness/pedophile relationship than the handedness/(general) criminality relationship. Finally, as a cautionary note, it is stressed that the effects are small and that NRH should not be used as a marker of criminality.

  6. Supreme Court issues limited ruling in challenge to Utah abortion ban.

    Science.gov (United States)

    1996-06-28

    A law passed in Utah in 1991 which prohibited abortion except in cases of life endangerment, rape, incest, risk of grave damage to a woman's medical health, or grave fetal defects. The exceptions for women who had been sexually abused were eliminated after 20 weeks gestation. In December 1992, US District Court Judge J. Thomas Greene found the ban unconstitutional as applied to abortions prior to 20 weeks but upheld it as applied to procedures after that point in pregnancy. A three-judge appellate panel later reversed the district court decision in August 1995 on the argument that the prohibition on post-20-week abortions could not stand independent of the ban on earlier procedures. The appeals court also struck down a requirement that physicians performing those abortions allowed after viability use the method most likely to give the fetus the best chance of survival, unless it would endanger a woman's life or cause grave damage to her medical health. In an unsigned opinion issued on June 17, 1996, the US Supreme Court reversed the appeals court decision which struck down Utah's original 1991 ban on abortions. Five justices ruling in Leavitt v. Jane L. found that the US Court of Appeals for the Tenth Circuit misapplied Utah precedent when it found that the criminal abortion statute could not be divided into two separate abortion bans, one before and one after 20 weeks gestation. Health care providers will now argue that the ban on post-20-week abortions should be struck down on constitutional grounds. This is the first challenge to a state abortion law to come under High Court review since Planned Parenthood v. Casey in 1992.

  7. Comparative review of the investigation and confiscation of criminal assets

    Directory of Open Access Journals (Sweden)

    Lajić Oliver

    2012-01-01

    Full Text Available In introduction author points to the necessity of adopting the institute of confiscation of criminal assets, supported by international experience, primarily due to the weakness of previously known institute confiscation of the proceeds of crime (for which the offender is being tried, showed in front of the phenomenon of organized crime. In doing so, he analyzes the modalities of confiscation of criminal origin present in modern legal systems and emphasizes the required standard of proof, as one of the key factors of their particularity. The following is a comparative review of the system for investigating and confiscation of criminal assets in Italy, Great Britain, Ireland, the Netherlands, Germany, France and the United States. There are emphasized the normative elements which affect to scope of application of this institute, especially in light of its connection to the criminal proceedings, as well as jurisdiction to realization of the investigation process and procedure of confiscation. In the final part, the author concludes that appropriate social and institutional responses are very important for the effective fight against crime, every time if there is a suspicion about illegally acquired wealth. In doing so, particular attention arouses organized crime, particularly in the light of contemporary global trends, which, unfortunately, significantly affect the possibility of the development of organized crime, and development and/or covering up its financial component. In this sense, the author emphasizes that the basic characteristics of the system for investigation and confiscation of criminal assets connected to the criminal proceedings, which are used in developed European countries and the United States: (1 changed the rules of evidence, which means less convenient role of suspects, (2 the application of this mechanism to a limited number of crimes, which often includes drug trafficking and other serious crimes or organized crime, and

  8. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

    The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court......'s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes. Udgivelsesdato: december 2004...

  9. The United States Supreme Court and psychiatry in the 1990s.

    Science.gov (United States)

    Ciccone, J R

    1999-03-01

    In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that

  10. 民刑交叉案件中民间借贷合同效力认定问题研究--以《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》为视角%Validity of Contract of Private Loans in the Intersecting Criminal and Civil Cases--Analysis Based on the Judicial Interpretation on the Application of Law in the Trial of the Case of Private Lending Issued by the Supreme People’s Court

    Institute of Scientific and Technical Information of China (English)

    程诚

    2016-01-01

    It is a difficult issue in affirming the validity of contract of private loans, to proceed with the Intersecting Criminal and Civil Cases. Since the differences of value and function between civil law and crimi⁃nal law, we should judge the legal consequences by the different laws. The contract relating to crime of market⁃ing access is valid in principle;however, the enlending unlawfully is invalid in principle. The Judicial Interpre⁃tation on the application of law in the trial of the case of private lending issued by the Supreme People’s Court establishes the principle, which means the contract relating to crime isn’t necessarily invalid .%民刑交叉案件中民间借贷合同效力认定问题相当复杂。民法刑法价值功能不同,对同一法律事实引起的不同法律后果应依据不同法律进行评价。区分不同类型的民间借贷合同,其中涉及市场准入类犯罪的民间借贷合同原则有效;违法转贷行为所涉民间借贷合同原则无效。最高人民法院新颁布的《民间借贷司法解释》确立了涉罪合同并非当然无效的原则。

  11. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...... rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  12. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...... studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results...

  13. Chinese Judge At WTO Court

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    China had its first judge appointed to the World Trade Organization (WTO) when the world body recently selected four senior jus- tices to its seven-people Appellate Body—top court.Lawyer Zhang Yuejiao was one of the four appointed on November 27 by the Dispute Settlement Body (DSB) for a four-year term.Her tenure will commence on June 1,2008.

  14. On the issue of criminal-legal protection of life of a newborn baby

    Directory of Open Access Journals (Sweden)

    Nina Yuryevna Skripchenko

    2015-09-01

    Full Text Available Objective basing on the study of criminal legislation and practice of its application in criminal cases of murder by mother of the newborn child to assess the validity of fixing in Article 106 of the Criminal code of the Russian Federation signs that allow to include the specified offence of a privileged group as well as the possibility of the release of guilty in connection with reconciliation with the victim. Methods the basis of research is universal dialectic method of cognition historical and formallegal methods and special and private law research methods including criminalstatistical method of documents analysis more than 60 sentences by the Russian courts in 20102014. Results the historicallegal analysis shows that only in the current criminal law homicide of a newborn child by the mother is classed among the privileged crimes. However the circumstances determined by the legislator as crime mitigating arouse discussion and criticism. The study of the law enforcement practice shows that in all mothers found guilty under Article 106 of the Criminal Code the goal to get rid of the child was formed long before birthgiving the murder was coldbloodedly planned and executed with great cynicism. The authors substantiate the conclusion that the signs that reduce the risk of the homicide of a newborn by the mother should include only traumatic situation and the motherrsquos state of mental disorder not excluding sanity. The paper also substantiates the proposal for a legislative ban on the termination of criminal prosecution due to reconciliation with the victim in criminal cases the consequence of which is death of a person. Scientific novelty basing on the analysis of judicial practice the sociodemographic characteristics of women is proposed who were convicted under Article 106 of the Criminal Code together with aggregate materials on the criminallegal measures applied to perpetrators. The paper formulates proposals and recommendations on

  15. A Reciprocal Turn in Criminal Justice? Shifting Conceptions of Legitimate Authority

    Directory of Open Access Journals (Sweden)

    Ferry de Jong

    2013-01-01

    Full Text Available The past decade has seen the rise of a fierce, ongoing controversy concerning the authority of criminal courts and the legitimacy of the criminal justice system as such. This article aims to provide some much needed conceptual clarity regarding the primal subjects under discussion: To what do we actually refer when we are using the words 'authority' and 'legitimacy'? What is 'legitimate authority'? For an answer to this question, reference is made to a number of theoretical developments within (political philosophy. The article investigates how developments within the doctrines of the general part of substantive criminal law are related to shifting contemporary views on the general conditions for a legitimate exercise of practical authority. An account of a number of interlocking developments within the doctrinal system of Dutch substantive criminal law serves as a starting point for the subsequent inquiry. It is argued that these developments exemplify shifts in the way authority is distributed over various agents involved in criminal proceedings. It is further argued that these shifts in the distribution of authority parallel notable movements within the philosophical literature on the concept of legitimate authority, that is: a movement from a rationalistic and top-down approach toward a reciprocal, bottom-up approach.

  16. 26 CFR 1.534-3 - Jeopardy assessments in Tax Court cases.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 7 2010-04-01 2010-04-01 true Jeopardy assessments in Tax Court cases. 1.534-3 Section 1.534-3 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES (CONTINUED) Corporations Used to Avoid Income Tax on Shareholders §...

  17. 6 February 2012 - Supreme Audit Institutions from Norway, Poland, Spain and Switzerland visiting the LHC tunnel at Point 5, CMS underground experimental area, CERN Control Centre and LHC superconducting magnet test hall. Delegations are throughout accompanied by Swiss P. Jenni, Polish T. Kurtyka, Spanish J. Salicio, Norwegian S. Stapnes and International Relations Adviser R. Voss. (Riksrevisjonen, Oslo; Tribunal de Cuentas , Madrid; the Court of Audit of Switzerland and Najwyzsza Izba Kontroli, Varsaw)

    CERN Multimedia

    Jean-Claude Gadmer

    2012-01-01

    6 February 2012 - Supreme Audit Institutions from Norway, Poland, Spain and Switzerland visiting the LHC tunnel at Point 5, CMS underground experimental area, CERN Control Centre and LHC superconducting magnet test hall. Delegations are throughout accompanied by Swiss P. Jenni, Polish T. Kurtyka, Spanish J. Salicio, Norwegian S. Stapnes and International Relations Adviser R. Voss. (Riksrevisjonen, Oslo; Tribunal de Cuentas , Madrid; the Court of Audit of Switzerland and Najwyzsza Izba Kontroli, Varsaw)

  18. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis.

  19. El comportamiento criminal en Colombia

    Directory of Open Access Journals (Sweden)

    Jaime Samudio

    2001-01-01

    Full Text Available Se presentan los principales factores que influyen en el comportamiento criminal, que son de cuatro clases: precriminógenos (factores sociohistóricos y biológicos, criminógenos 1 (pautas de crianza, criminógenos 2 (en la pubertad y adolescencia y citcunstanciales (condiciones que aumentan la probabilidad de la conducta criminal facilitándola. Se describen varios casos, incluyendo los "gamines" de Colombia, la llamada "cultura de la violencia", la migración, y otros. Se analiza el papel de los factores biológicos en el crimen. Se les concede gran importancia a las pautas de crianza, que en el caso de los criminales incluyen técnicas inapropiadas de educación, disciplina inconsistente, castigo, poca atención y poco interés por los hijos, comportamiento violento en el hogar, alcoholismo y/o abuso de drogas por parte al menos de uno de los padres. Se obtiene así un cuadro coherente de los orígenes del comportamiento criminal, aunque se enfatiza la necesidad de realizar más investigaciones sobre estos importantes temas.

  20. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  1. General Principles of Transnationalised Criminal Justice?Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  2. Immunity of international organizations

    CERN Document Server

    Schrijver, Nico

    2015-01-01

    Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practit...

  3. Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    The Court of Justice of the European Union (Court) delivered a preliminary ruling in 2011 in the case of Oliver Brüstle v Greenpeace on the interpretation of Article 6(2) of the Biotech Directive and thereby established an autonomous concept of the term ‘human embryo’. The Brüstle decision raises......, this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non......-fertilised human ovum, not capable of developing into a human being, is not a ‘human embryo’. Hence, ‘where a non-fertilised human ovum does not fulfil that condition [inherent capacity of developing into a human being], the mere fact that that organism commences a process of development is not sufficient...

  4. Acceptance of Domestic Cat Mitochondrial DNA in a Criminal Proceeding

    Science.gov (United States)

    Lyons, Leslie A.; Grahn, Robert A.; Kun, Teri J.; Netzel, Linda R.; Wictum, Elizabeth E.; Halverson, Joy L.

    2014-01-01

    Shed hair from domestic animals readily adheres to clothing and other contact items, providing a source of transfer evidence for criminal investigations. Mitochondrial DNA is often the only option for DNA analysis of shed hair. Human mitochondrial DNA analysis has been accepted in the US court system since 1996. The murder trial of the State of Missouri versus Henry L. Polk, Jr. represents the first legal proceeding where cat mitochondrial DNA analysis was introduced into evidence. The mitochondrial DNA evidence was initially considered inadmissible due to concerns about the cat dataset and the scientific acceptance of the marker. Those concerns were subsequently addressed, and the evidence was deemed admissible. This report reviews the case in regards to the cat biological evidence and its ultimate admission as generally accepted and reliable. Expansion and saturation analysis of the cat mitochondrial DNA control region dataset supported the initial interpretation of the evidence. PMID:25086413

  5. Acceptance of domestic cat mitochondrial DNA in a criminal proceeding.

    Science.gov (United States)

    Lyons, Leslie A; Grahn, Robert A; Kun, Teri J; Netzel, Linda R; Wictum, Elizabeth E; Halverson, Joy L

    2014-11-01

    Shed hair from domestic animals readily adheres to clothing and other contact items, providing a source of transfer evidence for criminal investigations. Mitochondrial DNA is often the only option for DNA analysis of shed hair. Human mitochondrial DNA analysis has been accepted in the US court system since 1996. The murder trial of the State of Missouri versus Henry L. Polk, Jr. represents the first legal proceeding where cat mitochondrial DNA analysis was introduced into evidence. The mitochondrial DNA evidence was initially considered inadmissible due to concerns about the cat dataset and the scientific acceptance of the marker. Those concerns were subsequently addressed, and the evidence was deemed admissible. This report reviews the case in regards to the cat biological evidence and its ultimate admission as generally accepted and reliable. Expansion and saturation analysis of the cat mitochondrial DNA control region dataset supported the initial interpretation of the evidence.

  6. Forensic mycology: the use of fungi in criminal investigations.

    Science.gov (United States)

    Hawksworth, David L; Wiltshire, Patricia E J

    2011-03-20

    This is the first overview to be published of the whole field of forensic mycology. It is based on all available information located in the literature, together with 13 examples from recent casework. Background information on fungi is given, and this is followed by an outline of the value, and potentially wide application, of mycology in criminal investigation. Applications include roles in: providing trace evidence; estimating time since death (post-mortem interval); ascertaining time of deposition; investigating cause of death, hallucinations, or poisonings; locating buried corpses; and biological warfare. Previous work has been critically evaluated, with particular attention to its evidential value, and suitability for presentation in a court of law. The situations where mycology might assist an investigation are summarised, and issues relating to the further development of the subject are presented. A comprehensive bibliography with 120 citations is provided.

  7. The criminal responsibility of people with multiple personality disorder.

    Science.gov (United States)

    Saks, E

    1995-01-01

    Because multiple personality disorder (MPD) is more frequently diagnosed today than in the past, it is likely that more multiples will plead insanity. The courts are in a state of disarray as to how best to respond to these pleas. This article considers multiples' responsibility on three interpretations of the status of their alters: that they are different people; that they are different personalities; or that they are parts of one complex, deeply divided personality. On all three theories multiples are nonresponsible. Nevertheless, three rare circumstances exist under which multiples should be found guilty. The article concludes by indicating the kinds of issues psychiatry might explore to further assist the law in its analysis of the criminal responsibility of multiples.

  8. The European Union and National Criminal Law

    DEFF Research Database (Denmark)

    Greve, Vagn

    1995-01-01

    Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

  9. Experiences of going to court: Witnesses with intellectual disabilities and their carers speak up.

    Science.gov (United States)

    Beckene, Tessy; Forrester-Jones, Rachel; Murphy, Glynis H

    2017-03-31

    People with intellectual disabilities are more vulnerable to sexual abuse and are more disadvantaged in the criminal justice system than the general population. However, little is known about the experiences of people with intellectual disabilities who have allegedly been victims of sexual abuse and also been witnesses in court. This study used semi-structured interviews and a Grounded Theory approach to examine the experiences of four people with intellectual disabilities and four carers/supporters who had all attended trials. Findings showed that after the traumatic incident of abuse, a court experience could become a secondary source of trauma. Experience of this trauma was dependent on the quality and quantity of support people received and the understanding of intellectual disabilities amongst the legal participants. The findings argue for better training for legal participants who are in contact with vulnerable witnesses and better support structures for alleged victims. © 2017 John Wiley & Sons Ltd.

  10. RENEWAL OF CRIMINAL LAW AGAINST ABUSE OF CREDIT CARDS

    Directory of Open Access Journals (Sweden)

    Eka Nugraha

    2015-07-01

    Full Text Available The use of credit cards for payment in lieu of cash since the introduction of the first credit card ever more widely known and used by people.   On the early introduction of this credit card, the wearer is limited to certain circles. However, a few decades later the credit card industry primarily enter the end of the Decade of the 1970s, has penetrated almost throughout all parts of the world, including Indonesia.   A credit card is issued by most commonly used by the public and apply the current International consists of a range of brands, among others, a very popular one is Visa and Master Card are each issued by the credit card company international and Master Card International.In practice many found the works in banking that may be subject to sanctions as set forth in the book of the law of criminal law (Criminal Code.

  11. [Selected problems in the forensic-psychiatric evaluation of persons posing a likelihood of repeating a criminal act].

    Science.gov (United States)

    Florkowski, Antoni; Zboralski, Krzysztof; Nowacka, Agata; Strójwas, Krzysztof; Flinik-Jankowska, Magdalena; Konopa, Aleksandra; Łacisz, Joanna; Wierzbiński, Piotr

    2014-09-01

    In the current penal code, compared to previous regulations, there have been alterations concerning medical security measures. These amendments have been prompted by socio-politic circumstances in Poland as well as implementation of Mental Health Act. According to the current law the court, on the request of expert psychiatrists, can pronounce a sentence of obligatory stay in psychiatric institution for perpetrator of criminal act who has been deemed not sane due to 31 subsection 1 of penal code and who is predictably able of recidivism. In legal-medical practice those less experienced expert psychiatrists may encounter difficulties producing expertise for the court, especially evaluating probability of recurrence of committing a criminal act and resulting request for psychiatric detention. In order to make this issue more acquainted we present a review of literature concerning it.

  12. The Role of the Ultima Ratio Principle in the Jurisprudence of the Norwegian Supreme Court

    Directory of Open Access Journals (Sweden)

    Thomas Frøberg

    2013-01-01

    Full Text Available The article examines how the ultima ratio principle can be used to analyze and criticize the argumentation of the courts in cases concerning the interpretation of criminal statutes. Este artículo analiza la forma en la que el principio de ultima ratio se puede utilizar para analizar y criticar los argumentos de los tribunales en casos relacionados con la interpretación de la legislación penal.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200885  

  13. A Study on the Standardization of Court Interpretation and Suggestions in China

    Institute of Scientific and Technical Information of China (English)

    张慧

    2016-01-01

    In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and main-tain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely im-portant. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover, some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.

  14. Latest Amendment to Criminal Law

    Institute of Scientific and Technical Information of China (English)

    ZHU ZONGJIE

    2011-01-01

    @@ On Feb.25, 2011,the 19th Session of the Standine Commlttee or the 11th National Peonle's Congress, the country's highest legislative body, approved the eighth amendment to the Criminal Law of the People's Republic of China.This brought about the broadest changes ever made to the law-to be precise, to 50 items that involve 49 legal matters.While reducing the number of crimes punishable by death, the amended Criminal Law provides for additional instances of leniency for senior citizens and minors who are convicted of a crime.

  15. ADMITTING GUILT IN COURT CASE IN ACCORDANCE WITH NEW LEGISLATIVE CHANGES

    Directory of Open Access Journals (Sweden)

    Simona TACHE

    2011-08-01

    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned above create some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case will require a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.

  16. Systematic review of the impact of adult drug-treatment courts.

    Science.gov (United States)

    Brown, Randall T

    2010-06-01

    The U.S. correctional system is overburdened with individuals suffering from substance use disorders. These illnesses also exact a heavy toll on individual and public health and well-being. Effective methods for reducing the negative impact of substance use disorders comprise critical concerns for policy makers. Drug treatment court (DTC) programs are present in more than 1800 county, tribal, and territorial jurisdictions in the United States as an alternative to incarceration for offenders with substance use disorders. This review article summarizes the available descriptive information on representative DTC populations and the observational studies of drug court participants, and it specifically reviews the available experimental effectiveness literature on DTCs. The review concludes by examining the limitations of the current literature, challenges to conducting research in drug court samples, and potential future directions for research on DTC interventions. A review of nonexperimental and quasi-experimental literature regarding the impact of DTCs points toward benefit versus traditional adjudication in averting future criminal behavior and in reducing future substance use, at least in the short term. Randomized effectiveness studies of DTCs are scant (3 were identified in the literature on U.S. adult drug courts), and methodological issues develop in combining their findings. These randomized trials failed to demonstrate a consistent effect on rearrest rates for drug-involved offenders participating in DTC versus typical adjudication. The 2 studies examining reconviction and reincarceration, however, demonstrated reductions for the DTC group versus those typically adjudicated.

  17. Court sentences in the aspect of theorems of validity, justice and certainty of bisectrixity

    Directory of Open Access Journals (Sweden)

    Sergey G. Ol’kov

    2016-01-01

    Full Text Available Objective to prove the theorems of validity justice and certainty of bisectrixity to elaborate the mathematical bases of the theory of court sentences. Methods observation deduction and induction applying the law of formal logic comparative analysis formaljuridical method mathematical methods. Results 1 theorems of validity justice and certainty of bisectrixity are proved and detailed 2 equally probable equilibrium and diagonal court sentences are viewed in the 2dimensional 3dimensional 4dimensional and 5dimensional space of criminal liability when the scope of punishment is determined by four variables y f x1 x2 x3 x4 where y ndash scope of punishment x1 ndash character and degree of the public danger of the deed x2 ndash category of a criminal public danger of the personality x3 ndash circumstances aggravating punishment x4 ndash circumstances extenuating punishment f ndash parameters of the equation connecting the left and right parts of the equation 3 aggravating and extenuating circumstances can be integrated into a single variable in the form of a fraction where the numerator is the scope of circumstances aggravating punishment x3 and thenbspdenominator is the extenuating circumstances x4 thus we obtain an integrated variable x3 x4 4 it is proved that the certainty of diagonal sentence is s c or v c times larger than the certainty of the equally probable sentence where с is the length of the diagonal s is the area of sentences vnbspis the space of sentences 5 it is proved that the bisectral sentence is the most optimal among the equilibrium ones as it equally takes into account the functions of the defense and the prosecution. Scientific novelty the newly obtained scientific results. Practical significance possibility to use the obtained scientific results for the development of criminallegal and criminalprocedural theories tonbspincrease the level of justice of the court sentences. Keywords Criminal procedure Theorem of validity Theorem

  18. 31 CFR 100.13 - Criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Criminal penalties. 100.13 Section 100.13 Money and Finance: Treasury Regulations Relating to Money and Finance EXCHANGE OF PAPER CURRENCY AND COIN Exchange of Coin § 100.13 Criminal penalties. Criminal penalties connected with...

  19. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  20. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…