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Sample records for international criminal procedures

  1. Procedural lawmaking at the International Criminal Tribunals

    NARCIS (Netherlands)

    Sluiter, G.; Darcy, S.; Powderly, J.

    2011-01-01

    This chapter examines the role played by the judges in creating the procedural rules which govern the functioning of the ad hoc Tribunals. Noting that the bench had been tasked with devising its own rules of procedure and evidence, it queries whether judicial lawmaking in this context at the

  2. Motive Criminal Procedure Evidence

    Directory of Open Access Journals (Sweden)

    В. В. Вапнярчук

    2015-03-01

    Full Text Available In the article the need for such a level of mental regulation of behavior of proving motivation. The latter refers to internal motivation conscious entity Criminal Procedure proof, due to specific needs, interests and goals that cause a person to act rishymist. Detailed attention is given to the first two determinants, namely the nature of needs and interests. In particular, analyzes highlighted in the literature variety of needs (physiological, ekzistentsionalni, social, prestige, cognitive, aesthetic and spiritual and the manifestation of some of them in the criminal procedural proof.

  3. The law of international criminal procedure and domestic war crimes trials

    NARCIS (Netherlands)

    Sluiter, G.

    2006-01-01

    This article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance. The article starts with an exploration of the origin and

  4. The pre-trial procedures and principles of the International Criminal ...

    African Journals Online (AJOL)

    The pre-trial procedures and principles of the International Criminal Court. ... the accused persons were done ex-post facto and devoid of any country's law. ... Against this background, this paper attempts to put the ambiguities aside and ...

  5. 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.

  6. The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

    Directory of Open Access Journals (Sweden)

    Thomas Ojong

    2017-10-01

    Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

  7. 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....

  8. The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Vilard BYTYQI

    2017-03-01

    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.

  9. International Criminalization of International Terrorizm

    Directory of Open Access Journals (Sweden)

    Alexander Grigoryevich Volevodz

    2014-01-01

    Full Text Available Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.

  10. Comparison of criminal procedure and inspection

    International Nuclear Information System (INIS)

    Hyung, Sang Cheol

    2009-01-01

    While a criminal investigation and international inspection are similar in the purpose of identifying any possible violator, there are also differences between them. Especially in the case of a criminal procedure, the defendants are presumed to be innocent until he or she is convicted, but states must make efforts to prove their nuclear transparency. Let's compare both of them to find out the reason why these different points have happened

  11. Objective Truth Institution in Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Voltornist O. A.

    2012-11-01

    Full Text Available The article deals with the category of objective truth in criminal procedure, its importance for correct determination of criminal court procedure aims. The author analyzes also the bill draft offered by the RF Committee of Inquiry “On amending in the RF Criminal Procedure Code due to the implementation ofobjective truth institution in criminal procedure”

  12. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    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...

  13. 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...

  14. Transfer of Procedure in Criminal Matters in Romanian Legislation

    Directory of Open Access Journals (Sweden)

    Ion Rusu

    2009-06-01

    Full Text Available Aware of the obligations assumed in fighting crime, Romania translated in itsinternal legislation the European Convention on the transfer of procedure in criminal matters,adopted in Strasbourg on 15 May 1972, ratified through Government’s Ordinance no.77/1999.The transfer of procedure in criminal matters is one of the forms of international judicialcooperation in criminal matter and represents an act on mutual trust in the organizing activityfor crime pursuit at the international level. According to law, the procedure transfer in criminalmatter consists in performing criminal procedure or continuing the procedures initiated by thecompetent Romanian authorities for an action that represents a crime, in accordance with theRomanian law and transferring it to another state. The procedure transfer in criminal matters isaccomplished only if the conditions expressly provisioned by law are fulfilled, respecting thenon bis in idem principle.

  15. 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....

  16. 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

  17. The principle of equality of arms in international criminal proceedings

    NARCIS (Netherlands)

    Fedorova, M.I.

    2012-01-01

    This book studies the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure.

  18. Reforming China’s Criminal Procedure Law

    OpenAIRE

    Winckler, Hugo

    2014-01-01

    Sources:- Wang Jianxun, “The provisions of the reform of criminal procedural law legalising secret investigations are a step backwards,” Caijing wang, 5 September 2011.- Chen Youxi, “The legalisation of secret investigations is an important violation of political integrity,” Zhongguo wangluo dianshitai – CNTV web site, Opinion section, 27 November 2011.- Wu Zhehua, “Chen Weidong discusses reform of the criminal procedure law: Behind each article there is a story,” Zhongguoguangbo wang, 8 Marc...

  19. The interaction of criminal procedure and outcome.

    Science.gov (United States)

    Laxminarayan, Malini; Pemberton, Antony

    2014-01-01

    Procedural quality is an important aspect of crime victims' experiences in criminal proceedings and consists of different dimensions. Two of these dimensions are procedural justice (voice) and interpersonal justice (respectful treatment). Social psychological research has suggested that both voice and respectful treatment are moderated by the impact of outcomes of justice procedures on individuals' reactions. To add to this research, we extend this assertion to the criminal justice context, examining the interaction between the assessment of procedural quality and outcome favorability with victim's trust in the legal system and self-esteem. Hierarchical regression analyses reveal that voice, respectful treatment and outcome favorability are predictive of trust in the legal system and self-esteem. Further investigation reveals that being treated with respect is only related to trust in the legal system when outcome favorability is high. Copyright © 2014 Elsevier Ltd. All rights reserved.

  20. 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....

  1. Editorial International Criminal Justice, Peace and Reconciliation in ...

    African Journals Online (AJOL)

    conference in July 2014 on the theme 'International Criminal Justice,. Reconciliation ... International Criminal Court (ICC) had come to occupy in discussions .... Pella, V. P., 1950, 'Towards an international criminal court', The American Journal.

  2. 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.

  3. 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.

  4. 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...... 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...

  5. The ICC, International Criminal Justice and International Politics ...

    African Journals Online (AJOL)

    The International Criminal Court (ICC) came into being as a result of a desire by the international community to establish a permanent body to deliver criminal justice instead of the formula of ad hoc tribunals that had become the norm. The coming into force of the Rome Statute in 2002 was greeted with euphoria as it ...

  6. William A. Schabas, An Introduction to the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Anan A. Haidar

    2008-02-01

    Full Text Available As with previous editions, the third edition of Professor Schabas’ book presents a clear and understandable description of the establishment and operation of the International Criminal Court. He provides both a concise and coherent analysis of the Rome Statute’s substantive law and a clear guide to the relevant procedure.

  7. Challenging international criminal tribunals before domestic courts

    NARCIS (Netherlands)

    d' Aspremont, J.; Brölmann, C.; Reinisch, A.

    2011-01-01

    International courts, despite the wide-ranging means that have been put at their disposal, need the cooperation of various domestic actors. The cooperation of States with international criminal tribunals has not always been without difficulty, as these tribunals have been the object of various

  8. 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

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

    OpenAIRE

    Van Sliedregt, E

    2016-01-01

    In 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 criminal law, has been overshadowed by international criminal law 'proper' (ICL). The establishment of international criminal tribunals after the end of the Cold War, culminating in the establishment...

  10. 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

  11. Protecting Children Rights under International Criminal Justice

    OpenAIRE

    Erinda Duraj (Male)

    2015-01-01

    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 partic...

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

    Science.gov (United States)

    1991-03-05

    1941 - 1991 JPRS Repor East Asia Southeast Asia LPDR Criminal Code, Courts, and Criminal Procedure mom m £C QUALITY »ra^r...prostitution, will be impris- oned for three to five years. Article 124. Incest . Anyone who has sexual intercourse with parents, step- parents...This consists of facts which indicate whether there have been actions dangerous to society, the guilt of the per- sons who undertook the

  13. The ICC, International Criminal Justice and International Politics

    African Journals Online (AJOL)

    short, does it have a future, and how shall it remain relevant in the future? This article is a think piece ... Introduction. The International Criminal ... in its operations by international politics, are the ICC's weaknesses a function of its very nature or ...

  14. The right to a fair appeal in international criminal law

    NARCIS (Netherlands)

    Djukic, Drazan

    2017-01-01

    The Right to a Fair Appeal in International Criminal Law – Layman’s Summary A criminal trial does not end after the first judgment of a court. A person is only finally found guilty or innocent after one or more appeals. Appeals thus have an important place in the criminal justice system. However,

  15. Reforming Scottish Criminal Procedure: In Search of Process Values

    Directory of Open Access Journals (Sweden)

    Pamela R. Ferguson

    2017-01-01

    Full Text Available Recent proposals to reform Scottish criminal procedure are motivated by considerations of efficiency and accurate fact-finding, and there is little attempt to offer a normative account. This paper describes these proposals and contends that their emphasis on finding ‘the truth’ is misplaced on two distinct bases: (1 it equates erroneous acquittals to wrongful convictions, thus fails to uphold a fundamental tenet of criminal procedure, namely the particular importance of protecting the innocent against wrongful conviction; and (2 it fails to recognise the importance of non-instrumental process values which are at the heart of the adversarial criminal trial.  The paper suggests that it is only by adhering to these process values that the state maintains – and demonstrates that it maintains – its moral authority to condemn and punish offenders. Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion.

  16. 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....

  17. Presumption of Innocence in Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Tatiana Zbanca

    2009-06-01

    Full Text Available Presumption of innocence appears as a rule hardly in modern penal trial. For first timewas noted in legislation from the end of the XVIIIth century (United States of America legislationand Declaration of Human Rights and Citizens in 1789. This constituted a reaction compared toinquisitional report, which practically the one involved into a penal case was presumed alwaysguilty, reverting the obligation of proving own innocence. According to the U.S. Supreme Court,the presumption of the innocence of a criminal defendant is best described as an assumption ofinnocence that is indulged in the absence of contrary evidence. It is not considered evidence of thedefendant's innocence, and it does not require that a mandatory inference favorable to thedefendant be drawn from any facts in evidence.

  18. Is the Current System of Criminal Procedure of Iran Efficient?

    Directory of Open Access Journals (Sweden)

    Mehdi Fazli

    2018-02-01

    Full Text Available This paper is a study about the efficiency of the criminal system designed in the new Criminal Procedure Code of Iran, that came into effect on June 22, 2015. Notwithstanding the notable legislator’s efforts, infrastructural and structural reforms have not been carried out. Accordingly, it is not expected to be as efficient as the previous laws due to the lack of fundamental reforms; reforms caused the improvement in “low-level efficiency” (saving resources in the economic sense rather than in the “high-level” one (saving resources plus developing more justice. The analysis of the efficiency of the Code and proposal of fundamental reforms for having a high-level efficient Criminal Law in Iran are the main objectives of this paper. After an introduction (Chapters I and II, we made a historical approach of the Iranian system in this matter (Chapter III. Then, we analyze three types of efficiency (Chapter IV, attending to some infrastructural elements, some structural factors and other procedural aspects. At last, we synthetize four conclusions (Chapter V. Main conclusion is that efficiency in the system of criminal procedure would be only on low-level.

  19. 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?

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

    NARCIS (Netherlands)

    van Sliedregt, E.

    2016-01-01

    In 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

  1. International criminal justice: a pillar for the international rule of law

    Directory of Open Access Journals (Sweden)

    Gonzalo Aguilar Cavallo

    2012-12-01

    Full Text Available The international criminal justice has experienced a rapid change over the past years. This circumstance has underscored the need for interaction and complementation between international and domestic law. Some authors consider that the international criminal justice, and the activities of its tribunals, jeopardize the legality of international law. Our vision is that international criminal justice is a central pillar of the rule of law, at the national and the international levels. Far from undermining the legality of international law, international criminal justice paves the way towards a true international public order.

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

    Directory of Open Access Journals (Sweden)

    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

  3. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

    African Journal on Conflict Resolution ... The International Criminal Court (ICC) commenced investigation of the armed conflict in Uganda in 2004. ... It also addresses the problem of assessing the impact of law on conflict through the use of an ...

  4. Jurisdiction of the international Criminal Court: Analysis, loopholes ...

    African Journals Online (AJOL)

    Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

  5. The International Criminal Court, Justice, Peace and the Fight ...

    African Journals Online (AJOL)

    approche combinée de droit international et de sciences politiques, cet article se veut une ..... protection of the public interest, rehabilitation, and social reconstruction .... been required to rewrite their criminal laws to ensure clear definitions of.

  6. The International Criminal Court: Considerations for the Joint Force Commander

    National Research Council Canada - National Science Library

    Sutton, Michael

    2003-01-01

    An analysis of the issues and remedies a Joint Force Commander should be concerned about because of the relationship between the United States and the newly-created International Criminal Court (ICC...

  7. 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 and under......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...

  8. 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.

  9. 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

  10. States' criminal jurisdiction under International Law: fostering a ...

    African Journals Online (AJOL)

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  11. 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...

  12. OCRWM international procedures

    International Nuclear Information System (INIS)

    1986-03-01

    These international procedures provide guidance and assistance for the Office of Civilian Radioactive Waste Management (OCRWM) and for OCRWM Project Offices, contractors and subcontractors in conducting international activities. They supplement the relevant Department of Energy (DOE) orders (which are referenced), not supplant them

  13. The immunity of states and their officials in international criminal law and international human rights law

    NARCIS (Netherlands)

    van Alebeek, R.

    2008-01-01

    * Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

  14. International Criminal Justice, Peace and Reconciliation in Africa ...

    African Journals Online (AJOL)

    mass atrocities in Africa with evidence grounded in both state practice and the histories of African ... for this study in its explicit acknowledgement and emphasis that the “Court .... though it is by cases concerning African countries, international criminal justice is not ..... efficient response to conflict and crisis situations in Africa.

  15. The Challenges Facing the International Criminal Court in ...

    African Journals Online (AJOL)

    This article examines the role of the International Criminal Court (ICC) in dealing with matters of genocide, crimes against humanity and war crimes that have increasingly become common phenomena in politics. Indeed, so far there is scanty detailed scholarly research that has been documented on the activities of the ICC.

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

    African Journals Online (AJOL)

    After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a ...

  17. Internal Control Organization Procedure

    OpenAIRE

    Radu Dorin Lenghel

    2013-01-01

    Internal control represents the totality of policies and procedures adopted by management, which contribute: to the fulfilment of managerial objectives, to the prevention and detection of frauds or errors, to the accuracy and exhaustiveness of accounting entries, as well as to the preparation in due course of financial accounting information. Internal control represents a managerial instrument which assures the fulfilment of objectives of the entity, being an ongoing process in which administ...

  18. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

    legal responses by concerned governments or the international community to international crimes. As a result of hard negotiations, it was agreed that the Rome Statute prohibits the ... the ICC may exercise its jurisdiction when the crime is committed on the ..... Human Rights Committee indicates that non bis in idem has only.

  19. 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.

  20. The International Criminal Court and Peace Processes in Africa

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set......The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international...... of general features pertaining to the judicialisation of peace....

  1. The Exercise of Responsible Command in the Enforcement of International Criminal Law: A New Model

    National Research Council Canada - National Science Library

    Reardon, Warren A

    1997-01-01

    The following article argues that the current regime for the enforcement of international criminal law against alleged war criminals fails to live up to its promises, largely because system participants lack (or refuse to gain...

  2. REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

    Directory of Open Access Journals (Sweden)

    Marwan Mas

    2015-05-01

    Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.

  3. 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....

  4. 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.

  5. What can China do to develop International Criminal Law and Justice further from the perspective of the International Criminal Court?

    Directory of Open Access Journals (Sweden)

    Hua Deng

    2016-06-01

    Full Text Available The Rome Statute, as well as the International Criminal Court (ICC, regarded as a worldwide mechanism for the fight for impunity and a better protection of human rights, has 124 State parties up to date. China, however, is still not a party to the Rome Statute, mainly because of five reasons. This article looks for promoting the academic research on the Rome Statute and the ICC to clarify some confusion, and strengthening the Chinese domestic legislation to make use of the principle of complementary jurisdiction to exclude the jurisdiction of the ICC at largest. It is possible for China to be ready to access to the Rome Statute and take part in the ICC club in the future, which is also a contribution of China to the development of the international criminal law and justice.

  6. Time to punishment: the effects of a shorter criminal procedure on crime rates

    Czech Academy of Sciences Publication Activity Database

    Dušek, Libor

    2015-01-01

    Roč. 43, August (2015), s. 134-147 ISSN 0144-8188 Institutional support: PRVOUK-P23 Keywords : criminal procedure * deterrence * law enforcement Subject RIV: AH - Economics Impact factor: 0.543, year: 2015

  7. Time to punishment: the effects of a shorter criminal procedure on crime rates

    Czech Academy of Sciences Publication Activity Database

    Dušek, Libor

    2015-01-01

    Roč. 43, August (2015), s. 134-147 ISSN 0144-8188 Institutional support: RVO:67985998 Keywords : criminal procedure * deterrence * law enforcement Subject RIV: AH - Economics Impact factor: 0.543, year: 2015

  8. Repercussions of modified procedural roles on determining the facts in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Ilić Ivan

    2014-01-01

    Full Text Available The main characteristic of the new Code of Criminal Procedure, 2011, which is based on adversial principle, is changed position of the main subjects. The public prosecutor gets more active role. It is head of the pre-investigative procedure and the investigation. At trial, the role of the parties emphasized, while the role of the court passivated. The Court adjudicate and manage the process, while in the presentation of evidence, for the proper and complete determination of the facts, his role significantly diminished. The court is not obliged ex officio to determine the truth, and the principle of truth is omitted from the basic principles of criminal procedure. Evidentiary initiative is, largely, up to the parties, while the court granted subsidiary role. Basis of the work is the thesis that the Code of Criminal Procedure from 2011, based on the truth principle, which is also the goal of the procedure. In fact, while working on the development of the legal text, and after of the adoption, to the beginning of its application in full range, in professional community there were lots of papers, which cast doubt on the principle of truth existence, in the currently valid procedural law of Serbia. Although this principle is not actually explicitly stipulated in the text of the new CPC, the author proves his existence by analyzing of certain provisions of the law, which has significantly altered the position of the main criminal procedural subjects, in terms establishing the facts in criminal proceedings. The author argues that the truth about a criminal matter remains the highest goal of the procedure, despite the fact that the concept of criminal proceedings is set on the adversial model od criminal proceedings.

  9. 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. 

  10. Transparency and Legitimacy in Chinese Criminal Procedure : Beyond Adversarial Dogmas

    NARCIS (Netherlands)

    Zhang, S.

    2017-01-01

    In recent years, the legitimacy of China's criminal justice system has been increasingly challenged by the Chinese populace, in part due to the numerous exposed miscarriages of justice. The Chinese academic mainstream as well as the political and judicial authorities have looked towards the

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

    OpenAIRE

    Nouwen, Sarah Maria; Werner, Wouter G

    2014-01-01

    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 with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present ...

  12. Facing Facts in International Criminal Law: A Casuistic Model of Judicial Reasoning

    NARCIS (Netherlands)

    Cupido, M.

    2016-01-01

    International criminal courts (ICCs) have made a decisive contribution to the clarification of international criminal law. By interpreting generally formulated rules, the courts have elucidated the meaning of international crimes and modes of liability. However, in applying the law to individual

  13. The United States: A Rome Statute of the International Criminal Court Non-Participant

    Science.gov (United States)

    2004-03-19

    database on-line]; available from Questia; accessed 30 December 2003. 16 Paul C. Szasz , “The United States Should Join the International...Objections to the International Criminal Court” Szasz , Paul C. “The United States Should Join the International Criminal Court.” Database on

  14. Procedural Anathema: The Criminal Prosecution of Money Laundering as a Denial of the Right of Defense

    Directory of Open Access Journals (Sweden)

    Antonio Eduardo Ramires Santoro

    2016-10-01

    Full Text Available The idea of independence between money laundering and the original offense, became common the practice of prosecutors use of the evidence submitted by the defense to support criminal proceedings for laundering. The question is: would it not be a denial of the right of defense, since it requires the magistrate to accept the the criminal prosecution to anticipate an evaluative judgment on the evidence before the systematically appropriate procedural time? Therefore we conducted a literature qualitative research.

  15. Testing detachment of international criminal tribunals: Empirical evidence from the ICTY

    NARCIS (Netherlands)

    Onderco, M.; Hola, B.; Ruiter, S.

    2013-01-01

    International criminal tribunals (ICTs) constitute one of the primary examples of international institutions vested with undisputable international authority. The decisions of ICTs are final, binding on the parties to the proceedings and cannot be overturned politically. Given the proliferation of

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

    NARCIS (Netherlands)

    Werner, W.G.; Nouwen, S.

    2014-01-01

    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

  17. 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...

  18. PROCEDURAL ASPECTS REGARDING CORRUPTION CRIMES AS STIPULATED IN THE CRIMINAL CODE OF LAW AND LAW NO. 78/2000

    Directory of Open Access Journals (Sweden)

    Anca Lelia Lorincz

    2012-11-01

    Full Text Available The intensification of the European political and economic integration also requires that our country contributes to continuing the tradition of incriminating criminal deeds perpetrated in the business field. Romanian authorities display their constant interest in expanding their knowledge of the crime phenomenon in this field, while looking to identify effective means to control it. Within this context, corruption crimes approached in the Criminal Code of Law and in Law no. 78/2000 take a distinct place within the group of crimes for which prevention and combating is regulated under the Business Criminal Code of Law. In order to ensure celerity in solving criminal cases involving corruption crimes, certain derogations from the usual procedure were required, as well as enforcement of a special procedure; also, specific procedural aspects regarding corruption crimes need to be retained as we look at the coming into force of the new criminal and criminal procedure legislation.

  19. 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.

  20. 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.

  1. The Democartic Procedural Penal Law as an Containment Strategy of the Penal System Expansion and its Blocking Caused by Media Criminalization

    Directory of Open Access Journals (Sweden)

    André Martins Pereira

    2016-12-01

    Full Text Available This study aims to understand the criminal procedural law in a democratic perspective as a containment strategy of the criminal justice system advance or a harm reduction tool, and the way that the democratic perspective of the criminal procedural law is blocked by media criminalization. For that it seeks to analyze the issue from contributions of critical criminology, critical theory of criminal procedural law and critical authors of social comunication

  2. The Democartic Procedural Penal Law as an Containment Strategy of the Penal System Expansion and its Blocking Caused by Media Criminalization

    OpenAIRE

    Pereira, André Martins; Lima Pereira, Luana Rochelly Miranda

    2016-01-01

    This study aims to understand the criminal procedural law in a democratic perspective as a containment strategy of the criminal justice system advance or a harm reduction tool, and the way that the democratic perspective of the criminal procedural law is blocked by media criminalization. For that it seeks to analyze the issue from contributions of critical criminology, critical theory of criminal procedural law and critical authors of social comunication

  3. The International Criminal Court and the construction of International Public Order

    Directory of Open Access Journals (Sweden)

    Sofia Santos

    2014-11-01

    Full Text Available Envisioning an international public order means envisioning an order sustained by a legal and institutional framework that ensures effective collective action with a view to defending fundamental values of the international community and to solving common global problems, in line with the universalist vision of international law. Envisioning the construction of an international public order means considering that this framework, which embraces and promotes the respect for human rights focused particularly on human dignity, is consolidating and evolving based on the International Criminal Court (ICC. The establishment of the ICC added an international punitive perennial facet to international humanitarian law and international human rights law and linked justice to peace, to security and to the well-being of the world, reaffirming the principles and objectives of the Charter of the United Nations (UN. Nevertheless, the affirmation process of an international criminal justice by punishing those responsible for the most serious crimes of concern to the international community as a whole, faces numerous obstacles of political and normative character. This article identifies the central merits of the Rome Statute and ICC’s practice and indicates its limitations caused by underlying legal-political tensions and interpretive questions relating to the crime of aggression and crimes against humanity. Finally, the article argues for the indispensability of rethinking the jurisdiction of the ICC, defending the categorization of terrorism as an international crime, and of articulating its mission with the "responsibility to protect", which may contribute to the consolidation of the ICC and of international criminal law and reinforce its role in the construction of an effective international public order.

  4. Personality disorders and criminal law: an international perspective.

    Science.gov (United States)

    Sparr, Landy F

    2009-01-01

    At the International War Crimes Tribunal for the Former Yugoslavia (ICTY), a detention camp guard, charged with acts of murder and torture, advanced a plea of diminished responsibility. Defense psychiatrists testified that he had a personality disorder that influenced his ability to control his behavior, but a prosecution expert testified that the guard did not meet Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) criteria. Thus, the unresolved question of how the law defines a mental disease or defect for purposes of mitigation or excuse was transposed to an international setting. It has been argued in a variety of jurisdictions and national legal systems that exculpatory mental disorders must be serious, and personality disorders should not qualify. In fact, it has been proposed that the volitional aspect of excuse defenses be eliminated, and definitions of mental disease or defect narrowed. Others have argued that such exclusions are too restrictive and arbitrary. This article examines the criminal defense at ICTY and traces its origin in national jurisdictions. Mental incapacity defenses based on personality disorders are more often used in The Netherlands, England, Germany and Belgium, but seldom in Canada and rarely in the United States and Sweden.

  5. 75 FR 32816 - Meeting of the Judicial Conference Advisory Committee on Rules of Criminal Procedure

    Science.gov (United States)

    2010-06-09

    ... Criminal Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation. DATE: September 27-28, 2010. TIME: 8:30 a.m. to 5 p.m. ADDRESSES: The Charles Hotel, 1 Bennett...

  6. 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

  7. Criminal defendants' satisfaction with lawyers : Perceptions of procedural fairness and effort of the lawyer

    NARCIS (Netherlands)

    Raaijmakers, E.; de Keijser, J. W.; Nieuwbeerta, P.; Dirkzwager, A. J E

    2014-01-01

    At present, procedural justice theory has predominantly been used to explain defendants' satisfaction with the police, courts and prisons. It is unclear to what extent this theory is also applicable to lawyers. This study investigates to what extent (1) criminal defendants are satisfied with their

  8. Truth and victims’ rights: Towards a legal epistemology of international criminal justice

    OpenAIRE

    Aguilera, Edgar R.

    2013-01-01

    The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

  9. Main hearing according to the new Serbian Criminal Procedure Code: Survey in practice

    Directory of Open Access Journals (Sweden)

    Soković Snežana

    2017-01-01

    Full Text Available The main hearing is the central part of the criminal procedure. In Serbia, the reform of the national criminal procedure legislation has brought about numerous changes related to this stage of criminal proceedings. Numerous objections have been addressed to the almost entirely new legal text. In an attempt to examine the advantages and disadvantages of the new legislation and observe how the prescribed rules are applied in practice, the authors have conducted an empirical research by attending 205 main hearings which were conducted under the rules of the new Criminal Procedure Code. The research covers a huge number of related issues but, given the page limit, this paper will focus on individual issues observed in trial proceedings. The focal point of reference is the examination of witness, but the authors also consider a number of other issues: the examination of expert witness, the delay of the trial, and the use of a video-link as a novelty introduced owing to the technological achievements of the modern era. The article is organized into several parts. The authors first provide a theoretical background of the issue under consideration and, then, present and discuss the research results provided in tables. In the third part of the article, the authors draw specific conclusions about the current practice in trials proceedings.

  10. The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice

    Directory of Open Access Journals (Sweden)

    Daniel Acchutti

    2011-02-01

    Full Text Available The present paper addresses the crisis of penal procedure in the contemporary society from its epistemological basis to, then, present restorative justice as a concrete alternative to the traditional criminal procedure. The intention is to describe how criminal procedure got established since its modern scientific roots and, then, to show the impossibility of a satisfactory management of social conflicts according to its standardized rules. After it, is argued that restorative justice is able to better deal with social conflicts than criminal procedure, once that system does not have standardized rules and allows the stakeholders to decide the situation according to their own deliberation, instead of being obliged to follow a decision from another person, usually a judge. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1737851

  11. 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

  12. Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Grubač Momčilo

    2012-01-01

    Full Text Available In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim. In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

  13. The United States' Rejection of the International Criminal Court: A Strategic Error

    National Research Council Canada - National Science Library

    Watson, Rickey

    2008-01-01

    .... The United States was a major part of these negotiations but did not accept the result. The Bush administration and Congress have pursued a markedly hostile attitude towards the International Criminal Court (ICC...

  14. The United States: A Rome Statute of the International Criminal Court Non-Participant

    National Research Council Canada - National Science Library

    Hopkins, J

    2004-01-01

    .... As of 1 July 2002, the Rome Statute of the International Criminal Court is a reality. It will try individuals such as the Khmer Rouge, Slobodan Milosevic, and General Juvenal Habyarimana for crimes against humanity, genocide, and war crimes...

  15. The Challenge for Cause Procedure in Canadian Criminal Law

    Directory of Open Access Journals (Sweden)

    Regina A. Schuller

    2016-06-01

    Full Text Available There is a longstanding presumption in Canadian law that jurors will act impartially in carrying out their duties, but this presumption may be challenged when the defendant is a member of a racialized minority group. In those circumstances, the defence may initiate a challenge for cause procedure, wherein potential jurors are questioned about their ability to set aside any racial prejudice and judge the case solely on the evidence. Although the challenge for cause procedure has been in place for some time, little attention has been given to the process and whether it in fact effectively screens for juror bias. This article provides an overview of the challenge for cause procedure, with particular attention to race-based challenges, as well as psychological research assessing the effectiveness of the procedure. Reference is made to the authors’ analysis of actual jury selection proceedings in which the challenge procedure was invoked. The data revealed that, although only a small percentage of potential jurors admitted to potential prejudice in open court, many more were excluded by triers and counsel. En el derecho canadiense existe la presunción antigua de que los jurados actúan de forma imparcial al desarrollar sus funciones. Sin embargo, esta presunción se puede cuestionar cuando el acusado pertenece a una minoría racial. En esas circunstancias, la defensa puede iniciar un procedimiento de impugnación del jurado en el que se interroga a los potenciales miembros del jurado sobre su capacidad para dejar de lado cualquier prejuicio racial y basarse únicamente en evidencias para juzgar el caso. A pesar de que la impugnación del jurado es un tema que ha estado de actualidad durante algún tiempo, se ha prestado poca atención al proceso y si realmente se detectan de forma efectiva sesgos dentro del jurado. Este artículo proporciona una visión general del procedimiento de impugnación del jurado, prestando especial atención a las

  16. International evaluation procedure for Supergrants

    OpenAIRE

    2010-01-01

    Sergey Ivanets, director of the department of international integration at the Ministry of Education and Science, talks about the specifics of the evaluation procedures for inviting leading scientists (Decree of the Government of the Russian Federation dated April 9, 2010, N 220: "On Measures for Attracting Leading Scientists into Russian Higher Professional Educational Institutions")

  17. Criminal Sovereignty: Understanding North Korea’s Illicit International Activities

    Science.gov (United States)

    2010-03-01

    Malaysia , Singapore, Taiwan, and Egypt have been swept up in the vortex of North Korea’s criminal schemes, contributing to crime rates and, in some...which in many ways is far more influential than, for example, South Korea’s major conglomerates of Samsung , Hyundai, and Daewoo, and which is tasked

  18. ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT ADMITTANCE, NEW JUDICIAL INSITUTIONS FOR A CRIMINAL TRIAL OF HIGHER QUALITY

    Directory of Open Access Journals (Sweden)

    Rodica Aida POPA

    2017-05-01

    Full Text Available During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal procedure by its provisions in the content of art 374, alignment 4, as it has been modified by Government Emergency Ordinance and introducing new ones, such as the guilty plea (art 478-488 under the circumstances of modifying GEO nr 18/2016 a special procedure meant to insure the judging of causes with celerity. Both procedures have a common component given by the guilt plea from the defendant, having an additional condition in the case of the guilty plea, besides the aforementioned one, which is the one of accepting the legal classification of the offence for which the criminal proceedings were commenced. The two legal institutions ensure the compliance with the procedural guarantees of the right to a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence, under conditions stipulated by law. Furthermore, by admitting the guilt and the legal classification of the offence by the defendant found guilty, in the two procedures also takes place a confirmation of the legality and compliance of the evidence submitted in the course of criminal proceedings.

  19. Law, justice and a potential security gap: the 'organization' requirement in international humanitarian law and international criminal law

    NARCIS (Netherlands)

    Bartels, R.; Fortin, K.

    2016-01-01

    This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried

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

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2017-01-01

    An international consensus on the need to prosecute and punish mass atrocities is arguably the strongest evidence of the existence of the global collective consciousness. The Nuremberg Tribunal challenged traditional world order centering on states and their intentions and overlooking abuses...... 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...

  1. New Serbian criminal procedure: New reasons for harmonization with European legal standards

    Directory of Open Access Journals (Sweden)

    Đurđić Vojislav

    2014-01-01

    Full Text Available The new criminal procedure, set forth in 2011, represents a compilation of the inquisitive model of preliminary proceedings, on the one hand, and adversarial trial of the Anglo-American type of criminal procedure on the other. Introduction of the public prosecutor's investigation required a subtle legislative approach to the protection of human rights in criminal proceedings, in order to establish equilibrium between efficient and just procedure. Instead of the expected, the erroneous conception based on the ideas that the public prosecutor's investigation should be strictly formal as that of a court, that evidence taken by the non-judicial authorities should have the same bearing as those taken by the courts, and that the court should have no role in conducting investigation, resulted in an overly inferior position of the accuses compared to that of the public prosecutor. Beside the fact that such conception can not pass the ECJ test, the specific legal solutions referring the investigation open the question of harmonization with the European legal standards. The provisions on initiation of this phase of the proceedings, not being legally sanctioned, put in question the right of the accused to access justice, as well as his right to an effective legal remedy, and the introduced investigation against the unknown perpetrator, the right to be present at one's own trial is being jeopardized. Neither do all procedural rules pertaining to the trial support the fair procedure principle: the indirect extortion of evidence from the defense is discordant with the rule that the burden of proof lies on the prosecutor, as one of the main pillars of the assumption of innocence; as well as the broad opportunity to use non-judicial evidence at the hearing without any major legal obstacles, have demolished the principles of directness and contradictoriness. Even some of the minimal right of the defense as well as the guarantees of personal freedom in the course

  2. Establishing motives for committing crimes: criminalistic possibilities and criminal procedure expediency

    Directory of Open Access Journals (Sweden)

    Kornakova S.V.

    2014-12-01

    Full Text Available The lack of unanimity on the motive understanding by psychologists studying the motivation of goal-oriented behavior and lawyers analyzing the crime causes and mechanisms is stated. The possibility of unconscious motives of criminal behavior is admitted. The practical problems of es-tablishing and proving the motives for specific crimes, which can be judged only presumably, by studying actus reus and perpetrator’s testimony, are shown. Establishing the motive for crime is complicated by the fact that the guilty person is often not aware of it, conceals or distorts it. The authors acknowledge that crime is impossible without a motive (talking about mentally healthy person. Consequently, they state the inevitable difficulties in establishing any motive and the lack of objective need for its establishing to find a person guilty of committing a crime. The expediency of establishing cognition limits of crime psychology by the subject of proof is argued. It’s concluded that the preliminary investigation bodies and courts must fully, comprehensively and objectively investigate the circumstances that determine the conclusion about the presence or absence of guilty motive in perpetrator’s actions. They must justify this conclusion in the indictment and sentence by bringing evidence only in case if this motive is provided by criminal law as element of crime. It’s argued that the list of circumstances to be proved in every criminal case, provided by article 73 of the RF Criminal Procedure Code, can’t be considered satisfactory, if practical possibilities of their establishing aren’t taken into account. It’s proposed to exclude the motives for crime from this list.

  3. 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.

  4. Oral and public confrontation as guarantee of a democratic constitutional criminal procedure

    Directory of Open Access Journals (Sweden)

    Thiago Miranda Minagé

    2017-10-01

    Full Text Available Understanding the criminal process under the aegis of a Democratic State of Law requires, in addition to a critical re-reading of institutes already consolidated in a specific system model, it is still necessary to abandon them when they have legitimacy. It should be understood that the role to be played by the parties through the contradictory is fundamental and will never be possible without the support of orality and publicity of the acts. In order to control the observance of procedural safeguards, it is necessary to establish the contradictory as true guarantor of procedural guarantees. In order to do so, only the respective guarantees will be effective, when, all and any probative production is developed publicly and orally, through a procedural rite previously established in the law. To this end, the present work begins with an analysis of the inquisitive system and its permanent interference in our current criminal process, proposing an overcoming of the current system, which is the accusatory, in view of its inability to contain inquisitive interference, proposing a new Vision of system as a way of perfecting what was then valid, based on the premise of a change of the unifying principle in order to enhance the oral and publicity of the acts.

  5. Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal Law

    NARCIS (Netherlands)

    Fortin, K.M.A.; Bartels, Rogier

    2016-01-01

    This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out

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

    OpenAIRE

    Jianye Qu; Min Guo

    2017-01-01

    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 o...

  7. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

    Directory of Open Access Journals (Sweden)

    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

  8. The Code of Criminal Procedure Brazilian Military: Ode or Requiem for the Inquisitorial System?

    Directory of Open Access Journals (Sweden)

    Nicanor Henrique Netto Armando

    2015-12-01

    Full Text Available This paper conducted a literature review aimed to identify the epistemological principles, social and political underlying the inquisitorial and adversarial procedural systems, which connect the characteristics of each of these systems, to investigate which of them matches the Criminal Procedure Code of Military (CPPM. The findings of the survey show that for a system to be characterize as libelous not just the separation of functions to accuse and judge. It is necessary to keep the separation for which the structure of dialectical process does not break, and the evidential initiative is always reserved for the parties. With regard to systems,the sticking point is the identification of its principle informer, for it is he who will determine if the system is inquisition regime or libelous, and not ancillary elements (orality, advertising, separation  of  activities.  The  process  aims  to  reconstruction  of  a  historical  fact,  the management of proof is erected the core founding or the unifying principle of a system. In this context, devices in the CPPM to give judge powers investigative denote the adoption of the principle inquisitive, who founded a system inquisition regime, because they represent a breach of equality, contradictory, the very structure of the dialectic process. Consequently, fulminam the main guarantee of urisdiction, which is the impartiality of the judge. With this, it is concluded that the CPPM is essentially inquisition regime. This study also (rethinking the need of dichotomization of criminal proceedings Brazilian, perquirindo if the duality of legislation on criminal proceedings is consistent with a current view of the process as a constitutional  model  that  ensures  the  enforcement  of fundamental rights by bases principiológicas jointly agreed to any process.

  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. 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.

  11. The case for inclusion of terrorism in the jurisdiction of the International Criminal Court

    NARCIS (Netherlands)

    van der Wilt, H.; Braber, I

    2014-01-01

    The Prosecutor of the International Criminal Court has recently announced that she will start investigations into possible war crimes and crimes against humanity in the Central African Republic. As far as war crimes are concerned, the success of this venture hinges on the question whether the

  12. How to reconcile the African Union and the International Criminal Court?

    NARCIS (Netherlands)

    Knottnerus, Abel

    2012-01-01

    Recent years have shown a mounting tension between the African Union and the International Criminal Court. Since the Prosecutor announced on 14 July 2008, that he would request the Court’s Pre-Trial Chamber to issue an arrest warrant for Sudan’s President Omar Al-Bashir, the African Union has

  13. Damaška and the faces of international criminal justice

    NARCIS (Netherlands)

    Swart, B.

    2008-01-01

    Mirjan Damaška 's scholarly publications provide important insights for the analysis of systems of criminal justice at the international level. This is particularly true for his major book: The Faces of Justice and State Authority - A Comparative Approach to the Legal Process. The book develops

  14. The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy

    NARCIS (Netherlands)

    De Hoon, Marieke

    2017-01-01

    While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this

  15. 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

  16. DNA data in criminal procedure in the European fundamental rights context.

    Science.gov (United States)

    Soleto, Helena

    2014-01-01

    Despite being one of the most useful and reliable identification tools, DNA profiling in criminal procedure balances on the border between the limitation and violation of Fundamental Rights that can occur beginning with the collection of the sample, its analysis, and its use; and ending with its processing. Throughout this complex process, violation of human or fundamental rights -such as the right to physical and moral integrity, the right not to be subject to degrading treatment, the right not to incriminate oneself, the right to family privacy together with that of not incriminating descendants or relatives in general, the right to personal development and the right to informative self-determination- is possible. This article presents an analysis of all the above-mentioned DNA treating phases in criminal process in the light of possible violations of some Fundamental Rights, while at the same time discarding some of them on the basis of European human rights protection standards. As the case-law of the European Court of Human Rights shows, the legislation on DNA collection and DNA related data processing or its implementation does not always respect all human rights and should be carefully considered before its adoption and during its application.

  17. 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.

  18. Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

    Directory of Open Access Journals (Sweden)

    Klodjan Skenderaj

    2014-01-01

    Full Text Available A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice’s bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it’s the only way to

  19. Manifest Destiny: The Relationship between the United States and the International Criminal Court in a Time of International Upheaval

    NARCIS (Netherlands)

    Sabharwal, Prashant

    2012-01-01

    Ever since the negotiations that culminated in the signing of the Rome Statute of the International Criminal Court ("ICC" or "the Court"), the approach taken by various Administrations in the United States has been a reflection of domestic politics and a skeptical foreign policy establishment. In

  20. Scientific criticism to “The plea bargain as a criminal policy instrument” – One commentary about the essential criminal policy vision of the criminal procedure

    Directory of Open Access Journals (Sweden)

    Gabriel Antinolfi Divan

    2017-03-01

    Full Text Available O presente trabalho trata-se de crítica científica ao artigo “A colaboração premiada como instrumento de política criminal”, de autoria de M. Aires e F. Fernandes. Nele, são exibidas duas linhas de leitura enquanto pontos de reflexão crítica quanto ao texto dos autores. A primeira consiste em uma discussão sobre o caráter político-criminal do processo penal, em tom de oposição frente à simples chancela (processual do direito material que dessa classificação poderia advir. A segunda, exibe questionamentos acerca da possibilidade de conformação inconstitucional que pode ser oriunda de uma visão dicotômica na prática e na dogmática processuais, se forem antagonizados padrões de eficiência processual e garantias constitucionais atinentes. A conclusão visa a endossar uma visão político-criminal do processo penal, ponderados certos limites para essa chancela e o binômio referidos nos dois momentos de leitura.

  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

  2. 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.

  3. International criminal justice : prevention as peacebuilding : the impact of international criminal tribunals on peacebuilding in post-atrocity societies

    OpenAIRE

    Njálsson, Steingrimur

    2005-01-01

    Since the end the cold war new pattern of armed conflict is that of ferocious intrastate war. In the 90s several longstanding, protracted conflicts turned violent. Two of the worst examples were the wars in former Yugoslavia and the genocide and the ensuing civil war in Rwanda. besides the paradigm of "peacebuilding" a main repons to this trend by the international community was a legalistic one. Consequently, international law and justice has made greater progress than ever before in recorde...

  4. The International Criminal Court: Time to Adjust American Foreign Policy

    Science.gov (United States)

    2009-05-26

    million Cambodians , this slaughter, to some, is not genocide because it was based on politically- divided groups and not based on reasons due to...the Crime of Genocide , essentially establishing the international crime of genocide . The Convention dictated that genocide must be tried by the State in... genocide , and crimes against humanity.29 On 1 July 2003, the Bush Administration invoked one of the provisions of the ASPA and terminated military assistance

  5. 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.

  6. 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.

  7. 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.

  8. 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...... term the international criminal justice template. This template accords three transitional justice functions for ICTs beyond (and in conjunction with) their central judicial aim of adjudicating cases: as (1) articulators of progressive criminal law (2) historians and (3) reconcilers or storytellers. My...... and the development of international law and society studies, in order to better theorize and understand the structural and theoretical constraints governing the establishment of legitimacy for international criminal courts....

  9. 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.

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2016-01-01

    The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed...... 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...

  11. 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. Keywords : Rohingya ethnic, International Criminal Court, Humanitarian Action

  12. Criminal proceedings involving children in conflict with the law

    Directory of Open Access Journals (Sweden)

    Bolocan-Holban Augustina

    2017-07-01

    Full Text Available At each stage of criminal procedure involving children (juveniles in conflict with the law, it is important to be ensured the fundamental rights provided by international standards, as well by national criminal legislation. Starting with the first contact of the child with criminal justice system until the pronunciation of the decision by the Court, including the enforcement of the punishment, the juvenile must be supervised by qualified professionals from criminal justice system, who could intervene in each moment with a purpose of providing pertinent information to criminal investigative body and to the Court, in order to establish a proportionate and equitable punishment.

  13. The Victim, the International Criminal Court and the Search for Truth: on the Interdependence and Incompatibility of Truths about Mass Atrocity

    NARCIS (Netherlands)

    Stolk, S.

    2015-01-01

    In the debate on the place of victims in international criminal proceedings, the 'search for truth' takes centre stage as an important concern of victims, international criminal tribunals and the wider international community. However, the various claims about the importance of telling and receiving

  14. Doing justice to the political: the International Criminal Court in Uganda and Sudan: a reply to Sarah Nouwen and Wouter Werner

    NARCIS (Netherlands)

    Schotel, B.

    2011-01-01

    This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to the Political. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in

  15. Criminal Prosecution of International Crimes and Principle of Legality (Pregon mednarodnih hudodelstev in načelo zakonitosti

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2017-12-01

    Full Text Available The majority of criminal prosecutions of core crimes’ perpetrators in the last 60 years was performed post factum, since the rules of criminal prosecution were drafted after the commission of international crimes. The paper discusses the dilemmas, which arise from the principle of legality due to the post factum nature of criminal prosecution. First, the elements of principle of legality are presented, of which those are emphasised that could be controversial in case of international crimes prosecution. Afterwards, the paper discusses the answers provided by international criminal law, especially the case law of the International Criminal Tribunal for the former Yugoslavia and by the European Court of Human Rights. The paper concludes by analysis of Slovenian view on dillemas of principle of legality and compares Slovenian positions with the ones of the European Court of Human Rights. The thesis that Slovenian Constitution includes a stricter regulation of principle of legality than the European Court of Human Rights’ system is thereby confirmed.

  16. 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.

  17. ECHR Melo Tadeu: A Tax Case Which Should Bring on More Carefully Selected Criminal Procedures

    NARCIS (Netherlands)

    Poelmann, E.

    2016-01-01

    The European Court of Human Rights (ECHR) judged in the Melo Tadeu case that the refusal of the authorities to undo the seizure of assets after a criminal acquittal, is disproportional, regardless whether the appeal was too late. The Melo Tadeu judgment implies mainly that the presumption of

  18. 28 CFR 105.23 - Procedure for requesting criminal history record check.

    Science.gov (United States)

    2010-07-01

    ... record checks solely for the purpose of screening its private security officers; and that it will abide... employee to submit those prints for a state and national criminal history record check. An authorized... specified by the SIB. (c) Upon receipt of an employee's fingerprints, the SIB shall perform a fingerprint...

  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. Controversy over Issue Preclusion in Russia’s Criminal Procedure: Can Common Law Offer a Solution?

    Directory of Open Access Journals (Sweden)

    Yury Rovnov

    2015-01-01

    Full Text Available Even though Russia’s new Code of Criminal Procedure of 2001 had from the very beginning contained the article titled ‘Preclusive Effects,’ it was not until a decision by the Constitutional Court of 2008 that the doctrine of issue preclusion was, in its proper sense, reinstated in Russian criminal law, barring facts definitively established in a civil trial from relitigation in criminal proceedings. Despite heavy criticism that came down on the Constitutional Court for what was seen by law enforcement agents as unwarranted judicial activism, the Russian Parliament soon amended the article in line with the interpretation offered by the Court. This, however, did not end the controversy as critics raised a valid point: an automatic transfer of facts from civil proceedings with a priori more lenient requirements of proof is likely to distort outcomes, harming defendants, the prosecution, and, ultimately, societal interests. This article will turn for apotential solution to common law, which has been able to avoid this problem by clearly distinguishing between different standards of proof applicable in civil v. criminal litigations. It will be shown, using the United States as an example, how courts can effectively use issue preclusion to pursue a number of legitimate objectives, such as consistency of judgments and judicial economy, with due account for the interests of parties in proceedings. At the same time, issue preclusion appears an inappropriate and ineffective means to combat arbitrariness of the judiciary – the end which Russia’s Constitutional Court and law makers arguably had in mind when introducing the doctrine into Russian law.

  1. Criminal Justice in America.

    Science.gov (United States)

    Croddy, Marshall; And Others

    An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

  2. 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

  3. The Road to Reconciliation? Optimizing the Legitimacy and Efficacy of the International Criminal Court within the African Union and Africa

    NARCIS (Netherlands)

    Morgan, I.S.

    2018-01-01

    It is close to a decade now that tensions continue to obstinately persist between the International Criminal Court (ICC) and the African Union (AU) to the point of numerous threatened en masse withdrawals by African States from the Rome Statute. This, automatically following in the wake of an all

  4. What Does it Mean to be An State in an Epiphany Criminal Procedure ? Philosophical Hermeneutics and Repressive Procedure as Ideological Hostage

    Directory of Open Access Journals (Sweden)

    Bruno Gadelha Xavier

    2016-11-01

    Full Text Available This article has the essential fulcrum the discussion of the definition of criminal proceedings in a democratic state. What is observed in reality is a discourse that is failing to point the ideological interference in the knowledge of the repressive apparatus, which undoubtedly raises the recognition of the importance of hermeneutics against the machine state. The discussion on the role of the inquisitorial-accusatory Brazilian procedure generates direct impact on the design of the contemporary Theory of State, which is why the question is imperative.

  5. 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.

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

    National Research Council Canada - National Science Library

    Chitwood, Mitchell R

    2007-01-01

    The International Criminal Court ("ICC") is widely regarded within the international community as a positive and necessary step toward individual accountability for those who order and carry out the most heinous of crimes genocide, crimes...

  7. 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.

  8. Aiding and Abetting: The Responsibility of Business Leaders under the Rome Statute of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Caspar Plomp

    2014-08-01

    Full Text Available While no business leaders have yet been charged before the International Criminal Court (ICC, such future proceedings will typically be conducted with reference to the accessorial mode of liability of aiding and abetting, under Article 25(3(c of the Rome Statute of the ICC. There exist diverse and competing interpretations of Article 25(3(c. This paper aims to advocate the creation of a dominant interpretation of Article 25(3(c and, consequently, to the clarification of the potential responsibility of business leaders who aid or abet crimes under the jurisdiction of the Rome Statute, in two ways. First, it asks whether Article 25(3(c can be interpreted in harmony with the dominant practice on aiding and abetting in international criminal law generally. Second, it presents a case study on the provision of arms by the Russian corporation Rosoboronexport to the Syrian government, which is likely to have committed crimes against humanity since March 2011 and war crimes since mid-2012. The theoretical conclusions are applied to a discussion on the potential criminal responsibility of the Director General of Rosoboronexport for aiding and abetting the commission of international crimes by high-level Syrian officials.

  9. CRIMINALIZATION AND PROSECUTION OF HUMAN TRAFFICKING IN ETHIOPIA: ASSESSING THE LEGAL FRAMEWORK IN LIGHT OF INTERNATIONAL STANDARDS

    Directory of Open Access Journals (Sweden)

    Z.Sh. Woldemichael

    2017-01-01

    Full Text Available As is the case in many countries, in Ethiopia human trafficking causes multi-dimensional harmful consequences on individuals. With a view to addressing the problem, in 2012 Ethiopia acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. For the purpose of translating the requirements of the UN Trafficking Protocol into reality, the government has taken various steps including legislative measures. Proclamation No. 909/2015 (Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation is the most recent law adopted to deal with smuggling of migrants and human trafficking. The Proclamation comprises four key aspects: criminalization and prosecution; prevention; protection, rehabilitation and compensation; and cooperation. This article critically examines whether the criminalization and prosecution aspect of the Proclamation complies with international standards.

  10. The criminal law responsibility of officials under environmental criminal law

    International Nuclear Information System (INIS)

    Winkelbauer, W.

    1986-01-01

    The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

  11. Criminal groups and criminal subculture

    OpenAIRE

    Romanova N.M.

    2013-01-01

    The paper provides a classification of criminal groups, structured by the following parameters: a) operation mode (secret/open), b) law-enforcement and administrative support (presence/absence). We describe four types of criminal groups: a) legitimized criminal organization, b) secret criminal organization engaged in illegal business, c) secret general crime group, and d) general crime group operating openly. The four types differ in the content of criminal subculture. Modern criminal subcult...

  12. 10 CFR 16.15 - Procedures for internal salary offset.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Procedures for internal salary offset. 16.15 Section 16.15 Energy NUCLEAR REGULATORY COMMISSION SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT § 16.15 Procedures for internal salary offset. (a) Deductions to...

  13. The governance of complementary global regimes and the pursuit of human security : the interaction between the United Nations and the International Criminal Court

    NARCIS (Netherlands)

    Marrone, Andrea

    2015-01-01

    This study offers an overview of the challenges occurring in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of such regime in international law and international relations focusing on the obstacles and concerns of its governance in the

  14. 12 CFR 1731.5 - Internal controls, procedures, and training.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Internal controls, procedures, and training... HOUSING AND URBAN DEVELOPMENT SAFETY AND SOUNDNESS MORTGAGE FRAUD REPORTING § 1731.5 Internal controls, procedures, and training. An Enterprise shall establish adequate and efficient internal controls and...

  15. The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

    Directory of Open Access Journals (Sweden)

    Mohmed Alqahtani Faten

    2018-01-01

    Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

  16. Social construction of victim’s blame, with special emphasis on criminal procedure against accused for the assassination of Zoran Đinđić, the prime minister of Serbia

    OpenAIRE

    Nikolić-Ristanović Vesna Ž.

    2004-01-01

    In this paper, the problem of victim blaming is analyzed, in general, and particularly, in the criminal procedure and through the media. Also, the attention is paid to the secondary victimization of family members of murder victims in general, and, especially, in criminal procedure, and when there is the tendency of blaming direct victim. In the first part of the paper the overview of existing theoretical knowledge is given. In the second part, the analyses of social construction of victim’s ...

  17. ORNL Pocket Meter Program: internal operating procedures

    International Nuclear Information System (INIS)

    Berger, C.D.; Miller, J.H.; Dunsmore, M.R.

    1984-12-01

    The ORNL Pocket Meter Program is designed for auditing the approximate photon radiation exposure of Oak Ridge National Laboratory (ORNL) radiation workers. Although pocket meters are considered to be a secondary personnel dosimetry system at ORNL, they are valuable indicators of unplanned exposures if proper procedures are followed for testing, calibrating, deploying, wearing, processing, and recording data. 4 figures, 1 table

  18. Procedural justice, legitimacy beliefs, and moral disengagement in emerging adulthood: Explaining continuity and desistance in the moral model of criminal lifestyle development.

    Science.gov (United States)

    Walters, Glenn D

    2018-02-01

    Research has shown that procedural justice reliably predicts future offending behavior, although there is some indication that this may be more a function of legitimacy beliefs than of procedural justice per se. The current study sought to explain continuity and desistance in the moral model of criminal lifestyle development by comparing legitimacy beliefs, procedural justice, and moral disengagement as initiators and mediators of pathways leading to early adult offending. It was hypothesized that low legitimacy beliefs but not perceived procedural (in)justice or moral disengagement would initiate, and that moral disengagement but not low legitimacy beliefs or procedural injustice would mediate, the effect of low legitimacy beliefs on subsequent offending behavior. This hypothesis was tested in a group of 1,142 young adult males (age range = 18 to 20) from the Pathways to Desistance study (Mulvey, 2012). Results showed that as predicted, the target pathway (legitimacy → moral disengagement → offending) but none of the control pathways achieved a significant indirect effect. Hence, 1 way legitimacy beliefs reduce future offending and lead to desistance is by inhibiting moral disengagement. Besides the theoretical implications of these results, there is also the suggestion that legitimacy beliefs and moral disengagement should be considered for inclusion in secondary prevention and criminal justice intervention programs. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  19. Mental health research in the criminal justice system: The need for common approaches and international perspectives.

    Science.gov (United States)

    Roesch, R; Ogloff, J R; Eaves, D

    1995-01-01

    There is a need for researchers and policy makers in the area of mental health and law to collaborate and develop common methods of approach to research. Although we have learned a great deal about the prevalence and needs of mentally ill offenders in jails and prisons, there are a number of research questions that remain. If the "second generation" of research is to be fruitful--and useful to policy makers--we need to be sure that the methods we employ are valid and that the findings we obtain are reliable. By collaborating with colleagues in other jurisdictions, we can begin to learn whether some of the existing findings are of a general nature, or dependent upon the system in which they were found. Similarly, while the first-generation research has alerted us to the needs of mentally ill offenders in jails and prisons, second-generation research is needed to help identify factors that may help prevent the "revolving door phenomenon," which results in mentally ill people being volleyed among mental health, criminal justice, and community settings. One area that has received embarrassingly little attention has been the need for considering the relationship between substance abuse and mental disorders. In our own work, we have found an alarmingly high degree of substance abuse among offenders, including mentally ill offenders. We have come to realize the importance of considering the role that substance abuse coupled with other mental disorders may play in the criminal justice system. As a result of this concern, the Surrey Mental Health Project recently hired a full-time drug and alcohol counselor whose job it is to work with inmates with substance abuse disorders while in the jail, and to help arrange continuing treatment resources upon their release. As Wilson et al. (1995) discuss, intensive case management projects may be particularly useful at targeting the unique needs of mentally ill offenders with multiple problems. Much of the research conducted with

  20. Intelligence as evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Lukić Tatjana

    2011-01-01

    Full Text Available The fight against modern forms of crime such as organized crime, terrorism and other very serious crimes caused not only modification of procedural principles and procedural rules, but also the necessity of re-examination of evidence in terms of introducing new evidence in criminal proceedings. Given that the prevention, detection and proving in cases of mentioned offenses represent the systemic issue and that the efficiency is caused by cohesion of preventive and repressive mechanisms in each strategy of preventing and combating serious crimes, the more often raised question, aroused from the practice, is the issue of the use of information gathered by the police or security services as evidence in criminal proceedings. In addition, there is the issue of use of illegal evidence, the ways in which these evidence are defined in some jurisdictions and which are the legal consequences of their use in judicial decision, whether it is based only on them, or on some other evidence beside them. The author addresses the issues of necessity and justification for use of information of security services as evidence in criminal proceedings, their definition and difference with respect to data, experiences and practices in other countries and of course their use as evidence in criminal proceedings of Serbia. Also, the paper addresses the Criminal Intelligence Analytics, exchange of information between the competent authorities at national and international level.

  1. 42 CFR 2.65 - Procedures and criteria for orders authorizing disclosure and use of records to criminally...

    Science.gov (United States)

    2010-10-01

    ... independent of counsel for an applicant who is a person performing a law enforcement function. (c) Review of... person conducting investigative or prosecutorial activities with respect to the enforcement of criminal laws. The application may be filed separately, as part of an application for a subpoena or other...

  2. Starting procedure for internal combustion vessels

    Science.gov (United States)

    Harris, Harry A.

    1978-09-26

    A vertical vessel, having a low bed of broken material, having included combustible material, is initially ignited by a plurality of ignitors spaced over the surface of the bed, by adding fresh, broken material onto the bed to buildup the bed to its operating depth and then passing a combustible mixture of gas upwardly through the material, at a rate to prevent back-firing of the gas, while air and recycled gas is passed through the bed to thereby heat the material and commence the desired laterally uniform combustion in the bed. The procedure permits precise control of the air and gaseous fuel mixtures and material rates, and permits the use of the process equipment designed for continuous operation of the vessel.

  3. 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.

  4. Interim Procedures Safeguarding Mobile Devices during International Travel

    Science.gov (United States)

    This procedure is for safeguarding EPA information and systems for all employees, contractors, and other users while on international travel or to specifically designated locations within the United States and foreign embassies.

  5. Evaluation of selection procedures of an international school | O ...

    African Journals Online (AJOL)

    Consequently the current admission procedures used by a southern African international school were ... The Culture-Fair Intelligence Test (Scale 2 Form A) appeared to have more predictive value than the MAT-SF for academic achievement.

  6. Relationship between the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia in respect of the adjudication of genocide

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2015-01-01

    Full Text Available By opting for the approach based on the dichotomy of individual criminal responsibility for the act of genocide and the responsibility of the State in both the Bosnian and Croatian Genocide cases, the International Court of Justice enabled the establishment of a jurisprudential connection with the judgments of the International Criminal Tribunal for the Former Yugoslavia. After outlining the reasons for adopting such an approach, which are classified as both positive and negative, the author offers an extensive analysis of the differences between the ICJ and ICTY, stressing the necessity to take these differences into account when considering the interconnection between the 'World Court' and the ICTY as a specialized tribunal. The paper focuses on the need for a balanced and critical approach to the jurisprudence of the ICTY as regards genocide, by differentiating between the Tribunal s factual and legal findings. The author insists that a substantive criterion, not a formal one, must be applied with a view to the proper assessment of the factual findings of the Tribunal in accordance with the standards of judicial reasoning of the ICJ. As regards the treatment of the ICTY's legal findings which relate to genocide, it is stressed that their uncritical acceptance would compromise the determination of the relevant rules of the Genocide Convention by the Court. Namely, the law applied by the ICTY as regards the crime of genocide is not equivalent to the relevant law established by the Convention and may be understood as its progressive development rather than its application.

  7. 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......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... 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...

  8. THE CHILD JUSTICE ACT: PROCEDURAL SENTENCING ISSUES

    African Journals Online (AJOL)

    Stephan

    2012-08-08

    Aug 8, 2012 ... research visits, and the Max Planck Institute for Foreign and International Criminal Law,. Freiburg, Germany ... Whether or not a pre-sentence report should be obtained before a child offender is sentenced has ...... the Criminal Procedure Act. It is important to read the quoted part of section 85(1) as a single ...

  9. 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.

  10. La détention avant jugement en droit burundais de la procédure pénale : la portée limitée de son caractère exceptionnel:De vrijheidsberoving voor veroordeling in het Burundese strafprocesrecht: de beperkte draagwijdte van haar uitzonderlijk karakter. Pre-trial detention in burundian criminal procedural law: the limited extent of its exceptional character

    OpenAIRE

    Ntahiraja, Bernard

    2017-01-01

    It is widely accepted as a principle of criminal procedural law that pretrial detention should be the exception and not the rule. Grounds for that principle can be found in international human rights law, explicitly in some treaties (article 9, 3 of the international covenant on civil and political rights), implicitly in some others (article 6 of the african charter on human and peoples’ rights). In addition to being a party to such instruments, Burundi has incorporated their substantive cont...

  11. THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

    Directory of Open Access Journals (Sweden)

    Ivan Kleymenov

    2017-01-01

    Full Text Available The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. Identification of the model of criminal policy in a particular state is a complex task that requires independent research.The subject. The article is devoted to modeling of the national criminal policy in modern conditions of globalization. The article discusses various models of criminal policy in the conditions of globalization.The purpose of the author is to describe the basic models of national criminal policy in modern conditions of globalization.The methodology. The author uses the method of analysis and synthesis, formal legal method as well as sociological methods (survey.The results, scope of application. The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. The sovereign model is based on doctrine of weak state and a strong combat criminal activity. It is distinguished by the pursuit of the realization of the equality of all before the law, criminal strategic and political planning system with a clear definition of goals and objectives; criminological security. The reform of criminal policy is characterized byuncertainty goals and objectives, utopianism and pretentiousness, dependence on standards of the international organization, the lower prestige of criminology, reduction of social programs, lobbying of group interests, permanent amendments to the criminal and criminal procedure legislation. Experimental model of criminal policy is connected with approbation of such technologies of management of society that are criminal and contrary to human experience in fighting crime.Conclusions. Criminal

  12. THE INTERNATIONAL CRIMINAL COURT (ICC, IMPUNITY AND THE RISE OF A SIEGE MENTALITY AMONG KENYA’S KLEPTOCRACY

    Directory of Open Access Journals (Sweden)

    Westen K Shilaho

    2017-09-01

    Full Text Available Did the entry by the International Criminal Court (ICC into the 2007-2008 postelection dispute ruffle feathers among Kenya’s politicians and influence the results of the 2013 elections? This article argues that the indictment of prominent Kenyans by the ICC for atrocities committed during the postelection violence was the first attempt to break a vicious cycle of impunity deeply entrenched in the country’s body politic. However, the indictees exploited cases against them to exacerbate ethnic fault lines, polarise the country and ensure the controversial victory by Uhuru Kenyatta and William Ruto during the 2013 elections despite facing egregious charges before the ICC. Crucially, the ICC precipitated uncertainty and trepidation among Kenya’s kleptocrats in power since 1963, the year of Kenya’s independence. Kenyatta’s controversial presidential victory in 2013 was both personal and oligarchic as it ensured continued stranglehold on Kenya’s political and economic spheres by a self-reporuding plutocracy. With control of state apparatus, Kenyatta and Ruto successfully fought back against the threat posed by the ICC. The article analyses ICC politics impunity, and ethnic politics through the prism of Kenya’s cases before the ICC.

  13. Interpreter in Criminal Cases: Allrounders First!

    Science.gov (United States)

    Frid, Arthur

    1974-01-01

    The interpreter in criminal cases generally has had a purely linguistic training with no difference from the education received by his colleague interpreters. The position of interpreters in criminal cases is vague and their role depends to a large extent on individual interpretation of officials involved in the criminal procedure. Improvements on…

  14. Legal Uncertainty in Criminal Cases Termination Institute Enforcement in Connection with Reconciliation of the Parties

    Directory of Open Access Journals (Sweden)

    Zabuga E. E.

    2014-07-01

    Full Text Available The author analyzes the judicial application practice of the RF Criminal Code, Art. 76, of the RF Criminal Procedure Code (in criminal cases involving crimes small and moderate, Art. 25; some procedural problems are designated.

  15. The international criminal tribunal for the former Yugoslavia (ICTY) and the forensic pathologist: ethical considerations

    Science.gov (United States)

    Lorin De La Grandmaison, Geoffroy; Durigon, Michel; Moutel, Grégoire; Hervé, Christian

    2006-01-01

    War crimes in the former Yugoslavia since 1991 have been subjected to several international medico-legal investigations of mass graves within the framework of inquiries led by the ICTY. Forensic pathologists involved in the ICTY missions could be subjected to ethical tensions due to the difficulties of the missions, the emergent conflicts between forensic scientists of the teams and the original nature of the ICTY proceedings. In order to study the nature of such ethical tensions, we sent a questionnaire to 65 forensic pathologists who have been involved in the ICTY missions. The rate of answer was 38%. The majority of the forensic pathologists questioned (n=18) did not know how the medico-legal data were exploited by the ICTY. Three of them have been subjected to pressures. Three of them were aware of mass grave sites wittingly not investigated by the ICTY. Fifteen considered that the ICTY respected the elementary rules of the law and four of them questioned the impartiality of the justice led by the ICTY. Two conflicting types of ethics can be drawn from these results: a conviction ethics which is shared by most of the forensic pathologists questioned and a responsibility ethics. In the first, the forensic pathologist completely agrees with the need for an international war crime tribunal even if such justice can be challenged regarding the respect of human rights and impartiality. In the second, he or she needs to conduct himself in ways that do not infringe impartiality. As medical deontology duty requires an impartiality ethics, discursive ethics are needed to ease ethical tensions and to suggest ethical guidelines. Alternatives to international justice through a truth and reconciliation commission and by the way of humanitarian mission of victims’ identification combined with forensic investigations for historical purposes could be considered. PMID:16909642

  16. Criminal Compliance

    Directory of Open Access Journals (Sweden)

    Cristina Antonella Andretta

    2015-10-01

    The article discusses the concepts of both compliance and criminal compliance, its main components and structure as well as the main rules relating to its global application, and finally his emergence in the Ecuadorian legal system.

  17. 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...

  18. FROM THE LIBERATION STRUGGLE TO “PURE AVARICE”: INTERNATIONAL CRIMINAL LAW AND THE FRAMING OF CRIME IN SUB-SAHARAN AFRICA

    Directory of Open Access Journals (Sweden)

    Richard A. Wilson

    2012-10-01

    Full Text Available Abstract: The view advanced in this article is that over the past few decades, the efforts of Sub-Saharan Africa elites to promote human rights discourse and establish liberal institutions of the nation-state have constrained the space for justifiable law-breaking and enlarged the category of criminality. Taken together, national and international security are now pursued more through the idiom of crime and rule of law than through the political process. As a result, there is more crime than there used to be in sub-Saharan Africa.  It means that law-breaking and collective political opposition is more often construed as criminal behavior.  Not only have the classifications changed, but so have the ways of knowing about violence in Africa, and all the while, a legal prism for apprehending transgressions has gained greater prominence.  This paper illustrates this general argument by reference to South Africa during its transition from apartheid in the 1990s and to the international criminal tribunals presently prosecuting violations in the Democratic Republic of the Congo and Sierra Leone. The argument works best for those post-conflict countries affected by liberal political and legal reforms and the interventions of international criminal law, and that now includes many sub-Saharan countries, but not all.  It does not apply to relatively peaceful and prosperous countries such as Tanzania or Botswana. It does not work for Zimbabwe, but may once a post-Mugabe transition is underway. Keywords: Human rights. Crime. Rule of law

  19. Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

    Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

  20. FUNCTIONAL AND PROCEDURAL COMPLEMENTARITY BETWEEN “INTERNAL AUDIT” AND “PUBLIC INTERNAL AUDIT”

    OpenAIRE

    Ion CROITORU; Emilia VASILE; Nicoleta Adriana GHERGHELAS

    2011-01-01

    Regardless of the internal audit is carried out the examination and evaluation of all components and activities within an organization or public entity, assesses how it is and use the funds, while respecting the principles of efficiency and effectiveness and provides management information and independent views about to achieving results and managing resources used. In this context, finding explanations for the delineation of concepts, procedures, principles and characteristics of internal au...

  1. Limitation of Power of the Counsel to Review the File in the Criminal Procedure: Law No. 6572 And It’s Consequences

    Directory of Open Access Journals (Sweden)

    Coşkun Koç

    2016-06-01

    Full Text Available The Article No. 153 of the Law of Criminal Procedure, which regulates the power of the counsel to examine the file, has been amended by the Law No. 6572, the Article No. 44, dated 02.12.2014. According to the amendment, if the power of the counsel to examine the content of the file or taking copies of the documents jeopardizes the purpose of the investigation, it can be limited by the judge upon request of the prosecutor. However, limiting the power of the counsel to examine the investigation file is against the European Convention on Human Rights and the Constitution. Indeed, the European Convention on Human Rights gives a ruling of violation of right in cases where it determines such a limitation of power. The power of the counsel to examine the content of the file is the sine qua non of a fair trial. It also serves the purpose of revealing the truth. In this study, we will try to examine the effect of the amendment made with the Article 44 of the Law No. 6572 about power of the counsel to examine the file on the fair trial principle.

  2. 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”.

  3. Criminal law

    International Nuclear Information System (INIS)

    Silva, J.M. da.

    1979-01-01

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.) [pt

  4. 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.

  5. The Law and Practice of Criminal Asset Forfeiture in South African ...

    African Journals Online (AJOL)

    The Law and Practice of Criminal Asset Forfeiture in South African Criminal ... of criminal assets at international level was the fight against organised crime, ... of the South African Constitution.2 This article attempts to answer three questions.

  6. Criminal Justice History

    Directory of Open Access Journals (Sweden)

    Thomas Krause

    2005-01-01

    Full Text Available This review article discusses studies on the history of crime and the criminal law in England and Ireland published during the last few years. These reflect the ›history of crime and punishment‹ as a more or less established sub-discipline of social history, at least in England, whereas it only really began to flourish in the german-speaking world from the 1990s onwards. By contrast, the legal history of the criminal law and its procedure has a strong, recently revived academic tradition in Germany that does not really have a parallel in the British Isles, whose legal scholars still evidence their traditional reluctance to confront penal subjects.

  7. JUSTICIA RESTAURATIVA Y PROCESO PENAL GARANTÍAS PROCESALES: LÍMITES Y POSIBILIDADES RESTORATIVE JUSTICE AND CRIMINAL JUSTICE PROCEDURAL SAFEGUARDS: LIMITS AND POSSIBILITIES

    Directory of Open Access Journals (Sweden)

    Alejandra Mera González-Ballesteros

    2009-01-01

    Full Text Available Hace ya más de tres décadas que se han venido implementando en diversas jurisdicciones programas de justicia restaurativa en el ámbito de la justicia penal, especialmente en los sistemas de justicia penal juvenil, ofreciendo una alternativa de resolución orientada a la reparación, desjudicialización y el diálogo entre los directamente involucrados en el conflicto. Este vertiginoso desarrollo ha precedido generalmente a la regulación legal y al debate sobre estándares y garantías procesales que deben orientar estos programas. Sin embargo, a medida que los programas de justicia restaurativa han ganado terreno y se han propuesto como mecanismos de resolución en casos de mayor gravedad y de criminalidad adulta, la necesidad de establecer estándares legales se ha hecho urgente. Hasta ahora, a nivel comparado, no existe acuerdo sobre la necesidad o el contenido de las garantías procesales aplicables a los programas de justicia restaurativa. Este trabajo propone que es necesario establecer estándares procesales claros en la implementación de estos programas, pero a su vez, que ellos deben adecuarse a los principios y fines que ésta persigue.Since more than thirty years, many countries have implemented restorative justice programmes to deal with criminal matters, especially with young offenders. This programmes offer different ways to deal with the aftermaths of a crime, through diversion, reparation and the active participation of those involved in the conflict. This dramatic development has occurred, though, without broad legal regulations or deep debates regarding procedural safeguards and standards. Nevertheless, as restorative justice programmes grow and are being used to deal with serious offences and adult offenders, the need for the setting of safeguards is pressing. Until now, there is not agreement in the literature regarding the specific content of procedural safeguards for restorative justice. This paper suggests that

  8. 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

  9. 26 CFR 301.6231(c)-5 - Criminal investigations.

    Science.gov (United States)

    2010-04-01

    ... criminal investigation for violation of the internal revenue laws relating to income tax will interfere... latest taxable year of the partner to which the criminal investigation relates shall be treated as... criminal investigation and written notification is sent by the Internal Revenue Service that the partner's...

  10. 76 FR 44757 - Blocking Property of Transnational Criminal Organizations

    Science.gov (United States)

    2011-07-27

    ... Property of Transnational Criminal Organizations By the authority vested in me as President by the... America, find that the activities of significant transnational criminal organizations, such as those... of international political and economic systems. Such organizations are becoming increasingly...

  11. Judicial Functions in the Criminal Trial

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2014-05-01

    Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.

  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. Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

    Directory of Open Access Journals (Sweden)

    Constantin Tanase

    2016-05-01

    Full Text Available The appeal regarding length of criminal proceedings represents a new institution of Romanian criminal procedure system, born from the need to align the procedural rules to the constitutional requirements and other internal rules, but especially from the need for harmonization with European Community rules, namely the Convention for the Protection of Human Rights and Fundamental Freedoms. To the same extent, it was aimed at forming a legal institution in line with the jurisprudence of the European Court of Human Rights. The new institution has its registered matter in art. 4881-4886 Criminal Procedure Code., Introduced by Law implementing the Code under Title IV – “Special Procedures” which recommends it from the beginning as a derogation from the common procedure. Nevertheless, given the position of remedy for excessive and unjustified extension of the criminal proceedings, as well as the judicial review, which it triggers in this regard, it raises the question of the legal nature of the appeal regarding the length of criminal proceedings. The answer to this question may affect the correct application of the institution and the improvement of judicial practice.

  14. Constitutional Law--Procedural Due Process--Student Has Right to Have Attorney Present at University Disciplinary Hearing When Criminal Charges Are Pending.

    Science.gov (United States)

    Vessels, Rodney Jay

    1978-01-01

    In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)

  15. 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

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

    NARCIS (Netherlands)

    van der Wilt, H.

    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

  17. CLASSIFICATION OF CRIMINAL GROUPS

    OpenAIRE

    Natalia Romanova

    2013-01-01

    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...

  18. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    's own conduct embodied either in the commission of a criminal offence or in the omission to act. Therefore, contemporary criminal laws have determined special types of criminal sanctions, such as: punishment, security measures, conditional (suspended sentence and confiscation of material gain obtained by comitting the criminal offence, as well as the instruments, proceedings and conditions under which they may be imposed. Within the framework of the forthcoming reform of the entire penal legislation in the Republic of Serbia, the Serbian legislator may use the legal solutions envisaged in the analyzed documents and criminal legislations as a solid model for implementing the international standards in the field of criminal liability of legal entities. Hence, this paper discusses the particularities governing the application of criminal sanctions for legal entities in the Republic of Serbia, particularly as an instrument of crime control.

  19. The use of analytical procedures in the internal audit of the restaurant business expenses

    Directory of Open Access Journals (Sweden)

    T.Yu. Kopotienko

    2015-06-01

    Full Text Available The important task of carrying out the internal audit of expenses is to get the sufficient and reliable audit evidence. This can be achieved by using the analytical procedures in the audit process. The identification of the analytical procedures with the financial analysis of the business activities prevents from the efficient usage of them in the internal audit of the restaurant business expenses. The knowledge of internal auditors about the instructional techniques of analytical procedures and their tasks, depending on the verification steps are insufficient. The purpose of the article is the developing the methods of the internal audit of the restaurant business expenses based on an integrated application of analytical procedures. The nature and purpose of analytical procedures have been investigated in the article. It have been identified the factors influencing on auditor’s decision about the choice of analytical procedures complex. It was recommended to identify among them the purpose of analytical procedures, the type and structure of the enterprise, the source of the available information, the existence of financial and non-financial information, reliability and comparability of the available information. It have been identified the tasks of analytical procedures, depending on the verification steps. It was offered the analytical procedures complex as a part of internal audit of the restaurant business expenses. This complex contains a list of the analytical procedures, instructional techniques of analysis that are used in the appropriate procedure and the brief overview of the content of procedure.

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

    NARCIS (Netherlands)

    Bartels, R.

    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

  1. CRIMINAL-POLITICAL FUTUROLOGY IN THE FIELD OF FIGHTING CRIME (CONCEPTUAL AND SUBJECT AREA

    Directory of Open Access Journals (Sweden)

    Valery Novichkov

    2015-12-01

    Full Text Available The article considers the subject area of the new direction of pre-vision — criminal-political futurology (forecasting in the field of combating crime, absorbing in itself the main types of legal prediction: criminological, criminal, criminal Executive, criminal procedural, operational search and other.

  2. Issues of remedial development of forms in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Tsyganenko Sergey, S.

    2015-12-01

    Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.

  3. The burgeoning recognition and accommodation of the social supply of drugs in international criminal justice systems: An eleven-nation comparative overview.

    Science.gov (United States)

    Coomber, Ross; Moyle, Leah; Belackova, Vendula; Decorte, Tom; Hakkarainen, Pekka; Hathaway, Andrew; Laidler, Karen Joe; Lenton, Simon; Murphy, Sheigla; Scott, John; Stefunkova, Michaela; van de Ven, Katinka; Vlaemynck, Marieke; Werse, Bernd

    2018-06-08

    It is now commonly accepted that there exists a form of drug supply, that involves the non-commercial supply of drugs to friends and acquaintances for little or no profit, which is qualitatively different from profit motivated 'drug dealing proper'. 'Social supply', as it has become known, has a strong conceptual footprint in the United Kingdom, shaped by empirical research, policy discussion and its accommodation in legal frameworks. Though scholarship has emerged in a number of contexts outside the UK, the extent to which social supply has developed as an internationally recognised concept in criminal justice contexts is still unclear. Drawing on an established international social supply research network across eleven nations, this paper provides the first assessment of social supply as an internationally relevant concept. Data derives from individual and team research stemming from Australia, Belgium, Canada, Czech Republic, Finland, Germany, Hong Kong, the Netherlands, England and Wales, and the United States, supported by expert reflection on research evidence and analysis of sentencing and media reporting in each context. In situ social supply experts addressed a common set of questions regarding the nature of social supply for their particular context including: an overview of social supply research activity, reflection on the extent that differentiation is accommodated in drug supply sentencing frameworks; evaluating the extent to which social supply is recognised in legal discourse and in sentencing practices and more broadly by e.g. criminal justice professionals in the public sphere. A thematic analysis of these scripts was undertaken and emergent themes were developed. Whilst having an absence of local research, New Zealand is also included in the analysis as there exists a genuine discursive presence of social supply in the drug control and sentencing policy contexts in that country. Findings suggest that while social supply has been found to exist as

  4. 48 CFR 2917.504-70 - Signature authority and internal procedures.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Signature authority and internal procedures. 2917.504-70 Section 2917.504-70 Federal Acquisition Regulations System DEPARTMENT OF... The Economy Act 2917.504-70 Signature authority and internal procedures. (a) A DOL contracting officer...

  5. Extradition In Criminal Justice System Related To Foreign Jurisdiction

    Directory of Open Access Journals (Sweden)

    Jan Samuel Maringka

    2017-03-01

    Full Text Available On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.

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

    OpenAIRE

    Md. Raisul Islam Sourav

    2015-01-01

    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 ...

  7. Page | 14 STATES' CRIMINAL JURISDICTION UNDER ...

    African Journals Online (AJOL)

    Fr. Ikenga

    The criminal jurisdiction of a State's courts under international law is primarily territorial.25 Only under ..... Attorney General of the Government .... also P. Sands, ''After Pinochet : the role of national courts'' in P. Sands (ed) From Nuremberg to ...

  8. SOME CONSIDERATIONS REGARDING THE AD-HOC INTERNAL ARBITRATION PROCEDURE IN THE NEW CODE OF CIVIL PROCEDURE

    Directory of Open Access Journals (Sweden)

    Daniela Cristina Creţ

    2013-12-01

    Full Text Available One of the institutions to have undergone essential changes as a result of the 2013 entry into force of the New Code of civil procedure is arbitration. Arbitration is an alternative way of settling conflicts by means of a specialized person or institution, based on the will of the parties or on an international convention. This article will present a few introductory aspects that are essential for a foray into the field, as well as analyze the main aspects of arbitral procedure from the perspective of novelties and changes brought to the provisions of the New Code of civil procedure (hereinafter referred to as N.C.C.P..

  9. Evaluation of selection procedures of an international school

    African Journals Online (AJOL)

    Erna Kinsey

    Increasing numbers of Southern African school children seek entrance to international schools. Entrance .... Matrix Analogies Tests (MAT-SF), achievement in the mathematical ..... with the Culture Fair Tests: Manual for Scales 2 and 3.

  10. Proceedings with participation of foreign persons in international procedural law of Russia and Kazakhstan

    OpenAIRE

    Natalia Erpyleva

    2013-01-01

    This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with participation of foreign persons. Author focused on a comparative analysis of Russian and Kazakh legislation concerning the regulation of international procedural relations. Article includes two paragraphs: the first one considers international jurisdiction of Russian arbitrazh courts and Kazakh economic courts on commercial matters; the second one examines the recognition and en...

  11. Law(yers) congealing capitalism: on the (im)possibility of restraining business in conflict through international criminal law

    OpenAIRE

    Baars, G.

    2012-01-01

    The theme of ‘business in conflict’ has become a ‘hot topic’ and the subject of many academic and policy publications. The trend in this literature is to conclude that ‘corporations have (or should have) obligations under international human rights and humanitarian law’ and that ‘corporations must be held to account’ through law, for example for ‘complicity in international crimes’. With this thesis, I aim to present a counterpoint to this literature. Employing dialectics as...

  12. Receipt or Implied Withdrawal of Tacit in Criminal Procedure as Violation of Circumstances Due to the Principles of Lawsuit and Motivation of Decisions

    Directory of Open Access Journals (Sweden)

    Marcelo Serrano Souza

    2016-10-01

    Full Text Available This article analyzes the implicit or tacit receipt of the complaint in criminal proceedings in the light of constitutional principles of due process and the reasons for decisions. The study shows the need for a rational discourse to legitimate judicial decisions in relation to the claimants. The issue is addressed by the deductive method, through doctrinal and jurisprudential research. The article aims to answer whether and to what extent the implicit or tacit receipt of the complaint involves a violation of due process and the reasons for decisions from the perspective of a coherent legal system.

  13. CTEPP STANDARD OPERATING PROCEDURE FOR CONDUCTING INTERNAL FIELD AUDITS AND QUALITY CONTROL (SOP-2.25)

    Science.gov (United States)

    This SOP describes the method for conducting internal field audits and quality control procedures. Internal field audits will be conducted to ensure the collection of high quality data. Internal field audits will be conducted by Field Auditors (the Field QA Officer and the Field...

  14. New solutions in the juvenile criminal law in the light of the restorative justice

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2007-01-01

    Full Text Available New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

  15. The Relative Ineffectiveness of Criminal Network Disruption

    Science.gov (United States)

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

    2014-01-01

    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. PMID:24577374

  16. International Commission on Radiological Protection. History, policies, procedures

    International Nuclear Information System (INIS)

    Lindell, Bo; Dunster, H.J.; Valentin, Jack; )

    2000-01-01

    This report briefly reviews the history, mode of operation, concepts, and current policies of the International Commission on Radiological Protection (ICRP). It touches upon the objectives of the Commission's recommendations, the quantities used, the biological basis of the Commission's policy, the quantitative basis for its risk estimates, the structure of the system of protection, some problems of interpretation and application in that system, and the need for stability, consistency, and clarity in the Commission's recommendations. (author)

  17. Use of statistical procedures in Brazilian and international dental journals.

    Science.gov (United States)

    Ambrosano, Gláucia Maria Bovi; Reis, André Figueiredo; Giannini, Marcelo; Pereira, Antônio Carlos

    2004-01-01

    A descriptive survey was performed in order to assess the statistical content and quality of Brazilian and international dental journals, and compare their evolution throughout the last decades. The authors identified the reporting and accuracy of statistical techniques in 1000 papers published from 1970 to 2000 in seven dental journals: three Brazilian (Brazilian Dental Journal, Revista de Odontologia da Universidade de Sao Paulo and Revista de Odontologia da UNESP) and four international journals (Journal of the American Dental Association, Journal of Dental Research, Caries Research and Journal of Periodontology). Papers were divided into two time periods: from 1970 to 1989, and from 1990 to 2000. A slight increase in the number of articles that presented some form of statistical technique was noticed for Brazilian journals (from 61.0 to 66.7%), whereas for international journals, a significant increase was observed (65.8 to 92.6%). In addition, a decrease in the number of statistical errors was verified. The most commonly used statistical tests as well as the most frequent errors found in dental journals were assessed. Hopefully, this investigation will encourage dental educators to better plan the teaching of biostatistics, and to improve the statistical quality of submitted manuscripts.

  18. Original article Latent classes of criminal intent associated with criminal behaviour

    Directory of Open Access Journals (Sweden)

    Daniel Boduszek

    2014-07-01

    Full Text Available Background This study aimed to examine the number of latent classes of criminal intent that exist among prisoners and to look at the associations with recidivism, number of police arrests, type of offending (robbery, violent offences, murder, and multiple offences, and age. Participants and procedure Latent class analysis was used to identify homogeneous subgroups of prisoners based on their responses to the 10 questions reflecting criminal intent. Participants were 309 male recidivistic prisoners incarcerated in a maximum security prison. Multinomial logistic regression was used to interpret the nature of the latent classes, or groups, by estimating the association between recidivism and latent classes of criminal intent while controlling for offence type (robbery, violent offences, murder, and multiple offences, number of arrests, and age. Results The best fitting latent class model was a three-class solution: ‘High criminal intent’ (49.3%, ‘Intermediate criminal intent’ (41.3%, and ‘Low criminal intent’ (9.4%. The latent classes were differentially related to the external variables (recidivism, violent offences, and age. Conclusions Criminal intent is best explained by three homogeneous classes that appear to represent an underlying continuum. Future work is needed to identify whether these distinct classes of criminal intent may predict engagement in various types of criminal behaviour.

  19. Framing in criminal investigation

    Science.gov (United States)

    2016-01-01

    Failures in criminal investigation may lead to wrongful convictions. Insight in the criminal investigation process is needed to understand how these investigative failures may rise and how measures can contribute to the prevention of this kind of failures. Some of the main findings of an empirical study of the criminal investigation process in four cases of major investigations are presented here. This criminal investigation process is analyzed as a process of framing, using Goffman's framing (Goffman, 1975) and interaction theories (Goffman, 1990). It shows that in addition to framing, other substantive and social factors affect the criminal investigation. PMID:29046594

  20. THE POSITION OF JUVENILES IN THE NEW CRIMINAL LAW OF THE REPUBLIC OF SERBIA

    Directory of Open Access Journals (Sweden)

    Dragan Jovašević

    2008-01-01

    Full Text Available The new juvenile (substantive, procedural and executive criminal law came into force at the beginning of 2006 in the Republic of Serbia.. In this way, by concluding its reform of criminal law, the Republic of Serbia followed the trends of modern criminal policies of other developed European countries (France, Germany, and Croatia. Therefore, in that special, specifi c way, it determined the criminal legal status of juveniles. That specifi city is refl ected in various directions : 1 Lex specialis was brought in – a special Act on juvenile perpetrators of criminal acts and the criminal legal protection of juveniles when juveniles in their criminal legal position are completely separate from the status of adults as perpetrators of criminal acts, 2 the special authority of district courts is determined for taking action in criminal cases of juvenile perpetrators of criminal acts, 3 compulsory specialisation is provided for persons in the criminal judiciary taking part in criminal proceedings for juvenile perpetrators of criminal acts ( with previous training and issuing of licences ‘certifi cates’ and 4 besides criminal sanctions, the law has provided for juvenile perpetrators of criminal acts the possibility of sentencing specifi c measures sui generis – educational orders ( directions or recommendations – as means of restorative justice by which the commencement or carrying out of legal action is avoided. This paper precisely deals with this new criminal legal position of juvenile perpetrators of criminal acts and with the new institutions of restorative justice from theoretical, practical and comparative legal aspects.

  1. The import of section 396 of the Administration of Criminal Justice ...

    African Journals Online (AJOL)

    The ACJA 2015 has repealed and replaced the Criminal Procedure Act and the Criminal Procedure Code in Federal courts. The scope of Section 396 of the ACJA however needs to be determined and adhered to in a bid to ensure that speed which is one of the aims of the ACJA is not defeated in criminal trials before the ...

  2. Proposal of a candidate international conventional reference measurement procedure for free thyroxine in serum.

    NARCIS (Netherlands)

    Thienpont, L.M.; Beastall, G.H.; Christofides, N.D.; Faix, J.D.; Ieiri, T.; Jarrige, V.; Miller, W.G.; Miller, R.; Nelson, J.C.; Ronin, C.; Ross, H.A.; Rottmann, M.; Thijssen, J.H.; Toussaint, B.

    2007-01-01

    In the present paper the IFCC WG-STFT recommends and provides the rationale to establish metrological traceability of serum free thyroxine (FT4) measurements to a candidate international conventional reference measurement procedure. It is proposed that this procedure be based on equilibrium dialysis

  3. Methods for qualification of highly reliable software - international procedure

    International Nuclear Information System (INIS)

    Kersken, M.

    1997-01-01

    Despite the advantages of computer-assisted safety technology, there still is some uneasyness to be observed with respect to the novel processes, resulting from absence of a body of generally accepted and uncontentious qualification guides (regulatory provisions, standards) for safety evaluation of the computer codes applied. Warranty of adequate protection of the population, operators or plant components is an essential aspect in this context, too - as it is in general with reliability and risk assessment of novel technology - so that, due to appropriate legislation still missing, there currently is a licensing risk involved in the introduction of digital safety systems. Nevertheless, there is some extent of agreement within the international community and utility operators about what standards and measures should be applied for qualification of software of relevance to plant safety. The standard IEC 880/IEC 86/ in particular, in its original version, or national documents based on this standard, are applied in all countries using or planning to install those systems. A novel supplement to this standard, document /IEC 96/, is in the process of finalization and defines the requirements to be met by modern methods of software engineering. (orig./DG) [de

  4. Selected issues of the property right limitation in the criminal proceedings

    OpenAIRE

    Mityukova, Marina

    2014-01-01

    The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The author focus on the limitation of the property right in the selected aspects of the criminal proceedings.

  5. Criminal Justice Transitions

    OpenAIRE

    McAra, Lesley; McVie, Susan

    2007-01-01

    This report explores transitions into the adult criminal justice system amongst a large cohort of young people who were involved in the Edinburgh Study of Youth Transitions and Crime. It includes: a description of patterns of criminal convictions and disposals for young people up to age 19 (on average); an examination of the characteristics and institutional histories of cohort members with a criminal record as compared with youngsters with no such record; and an exploration of the profile of...

  6. Criminal aspects domestic violence

    OpenAIRE

    Smetanová, Kristina

    2013-01-01

    Smetanová, Kristina. Criminal aspects of domestic violence The topic of this thesis is the criminal aspects of domestic violence. The aim of the thesis is to describe this dangerous and complicated social problem and focus on outlining the possibilities of protection under Czech criminal law. The thesis consists of eight chapters. The first chapter explains what the domestic violence is and which sources, types and characters does it have.The second chapter shows who can be the violent person...

  7. Psychology and criminal justice

    OpenAIRE

    Adler, Joanna R.

    2013-01-01

    This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

  8. Criminal offences considered in the Convention on the Physical Protection of Nuclear Material

    International Nuclear Information System (INIS)

    Neira, C.C.

    1996-01-01

    The Convention on the Physical Protection of Nuclear Material was signed in Vienna, on April 3, 1980, approved by Law 23.620 on September 28, 1998, and published in the Official Bulletin of the Argentine Republic on November 2, 1988. This Convention considers some aspects of Criminal Law and Criminal Procedural Law and integrates the normative hierarchical structure of the article 31 of the National Constitution. The adequacy of this Convention to the Argentine law is considered through two aspects: The first one examines figures existing in the Argentine Legislation about larceny and robbery of nuclear materials, misappropriation of nuclear materials, obtainment and fraud of nuclear materials, exaction through threat or intimidation, etc., which are considered in different articles of the Argentine Criminal Law. The second one analyses behaviours not foreseen in the Criminal Law and which are not qualified by the current Argentina's Criminal Code, such as exaction of nuclear material through the use of violence, the international perpetration of an act consisting to receive, possess, use, vacate, scatter nuclear material without legal authorization, or in the case that the act causes death, serious injuries to persons and others. The purpose of the future enactment of a new Nuclear Law is to put in order and fill-in gaps referred to different aspects such as civil liability in nuclear damages, characteristics of the nuclear damages, etc [es

  9. The right to information in criminal proceedings in the light of proposed changes of the Criminal Law Codification Commission

    OpenAIRE

    Andrzejewska, Marzena

    2013-01-01

    The article addresses the issue of the right to information from the point of view of the participants of criminal proceedings. The execution of the right contributes to the principle of equality between the parties, secure execution of the adversarial principle, transparency and to creating the image of law-abidingness and transparent jurisdiction in the mindset of society. Particular attention has been paid to the draft amendment to the Criminal Procedure Code, prepared by the Criminal Law ...

  10. 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

  11. Harmonization of internal dosimetry procedures in Latin America - ARCAL/IAEA project

    Energy Technology Data Exchange (ETDEWEB)

    Melo, D.; Dantas, B.M.; Juliao, L. [Instituto de Radioprotecao e Dosimetria - Av. Salvador Allende S/N, Recreio dos Bandeirantes, RJ 22780-160 (Brazil); Cruz Suarez, R. [International Atomic Energy Agency, Vienna (Austria); Rojo, A.; Serdero, N. [Autoridad Regulatoria Nuclear, Buenos Aires (Argentina); Videla, R. [Comision Chilena de Energia Nuclear, Santiago (Chile); Puerta, J.A. [Universidad Nacional de Colombia, Medellin (Colombia); Lopez, G. [Centro de Proteccion e Higiene de las Radiaciones, Ciudad de la Habana (Cuba); Alfaro, M.M. [Instituto nacional de Investigaciones Nucleares (Mexico); Gonzales, S. [Instituto Peruano de Energia Nuclear, Lima (Peru); Hermida, J.C. [Hospital de Clinicas, Montevideo (Uruguay); Navarro, T. [Centro de Investigaciones Energeticas, Mediciones Ambientales y Tecnologicas - CIEMAT, Madrid (Spain)

    2007-07-01

    Under the auspices of the Regional Coordination Agreement for Latin America, representatives of the eight member states have participated in a project to improve radiological protection for workers exposed to unsealed sources of radiation. The design of the project was based on information obtained from a questionnaire circulated among the participants, from which the initial status of internal dosimetry services in each country was characterised. The objective of the project is to harmonize internal dosimetry procedures, with reference to International Atomic Energy Agency recommendations. After the implementation of new procedures and personnel training, four intercomparison exercises were carried out: measurement of iodine in thyroid phantoms, measurement of gamma emitters in urine samples, measurement of beta emitters in urine samples and internal dose assessments. This project has resulted in important improvements in internal dosimetry services in the region. (authors)

  12. Fetal Abuse and the Criminalization of Behavior during Pregnancy.

    Science.gov (United States)

    Farr, Kathryn Ann

    1995-01-01

    Discusses efforts to criminalize fetal abuse, harm caused from a pregnant woman's use of illegal drugs. Such efforts have typically failed to withstand judicial scrutiny. Suggests that criminal prosecution for fetal abuse relies on questionable procedures, is unevenly applied, and may keep women from seeking drug treatment or prenatal care. (LKS)

  13. Harmony, Law and Criminal Reconciliation in China: A Historical Perspective

    NARCIS (Netherlands)

    W. Pei (Wei)

    2016-01-01

    textabstractIn 2012, China revised its Criminal Procedure Law (2012 CPL). One of the major changes is its official approval of the use of victim-offender reconciliation, or ‘criminal reconciliation’ in certain public prosecution cases. This change, on the one hand, echoes the Confucian doctrine that

  14. Admissibility of hearsay evidence in criminal trials: an appraisal of ...

    African Journals Online (AJOL)

    Admissibility of hearsay evidence in criminal trials: an appraisal of the Ethiopian legal framework. ... Haramaya Law Review ... Despite Ethiopia following a common law approach regarding evidentiary principles, rules and procedural safeguards in criminal trials, the country does not have a codified and compiled evidence ...

  15. Theories on Criminality and Mental Retardation Project CAMIO, Volume 2.

    Science.gov (United States)

    Haskins, Jimmy R.; Friel, Charles M.

    This historical review of theories on criminality and mental retardation is part of Project CAMIO (Correctional Administration and the Mentally Incompetent Offender), a Texas study to determine the incidence of criminal incarceration of the mentally retarded (MR) and to identify laws, procedures, and practices which affect the prosecution and…

  16. Development and application of a welding procedure for remote repair of Magnox reactor internal components

    International Nuclear Information System (INIS)

    Morgan-Warren, E.J.

    1988-01-01

    This paper summarises the development and application of an all-welding repair method for reinforcing magnox reactor internal components. The development was dominated by the necessity for remote operation and the environmental constraints, in particular the oxide covering on the steel reactor structure. The choice of welding process is described, together with the development of the procedure for remote operation. The quality assurance procedure, including the verification of the technique and monitoring of the repair operation, is discussed. (author)

  17. EUTHANASIA STIPULATED BY ROMANIAN CRIMINAL LAW, MITIGATING CIRCUMSTANCES VS. OFFENCE

    Directory of Open Access Journals (Sweden)

    MONICA POCORA

    2012-05-01

    Full Text Available This paper aims to be a scientific approach to the issue of euthanasia, bringing into the debate current and future controversies raised by euthanasia, as a result of the introduction into the Romanian penal law of the criminal offence of homicide by request of the victim. The study represents an approach to moral, religious, constitutional, civil, criminal procedure debates and last but not least to criminal debates regarding the legalization of the euthanasia, as the most difficult task lies with the criminal law.

  18. Guidelines and procedures for the International Code Assessment and Applications Program

    International Nuclear Information System (INIS)

    1987-04-01

    This document presents the guidelines and procedures by which the International Code Assessment and Applications Program (ICAP) will be conducted. The document summarizes the management structure of the program and the relationships between and responsibilities of the United States Nuclear Regulatory Commission (USNRC) and the international participants. The procedures for code maintenance and necessary documentation are described. Guidelines for the performance and documentation of code assessment studies are presented. An overview of an effort to quantify code uncertainty, which the ICAP supports, is included

  19. European project for developing general guidelines for harmonising internal dose assessment procedures (IDEAS)

    International Nuclear Information System (INIS)

    Andrasi, A.; Bailey, M.; Puncher, M.; Berkovski, V.; Eric Blanchardon, E.; Jourdain, J.-R.; Carlo-Maria Castellani, C.-M.; Doerfel, H.; Christian Hurtgen, Ch.; Le Guen, B.

    2003-01-01

    Several international intercomparison exercises on intake and internal dose assessments from monitoring data led to the conclusion that the results calculated by different participants varied significantly mainly because of the wide variety of methods and assumptions applied in the assessment procedure. Based on these experiences the need for harmonisation of the procedures has been formulated as an EU research project under the 5 th Framework Programme (2001-2005), with the aim of developing general guidelines for standardising assessments of intakes and internal doses. In the IDEAS project eight institutions from seven European countries are participating using inputs also from internal dosimetry professionals from across Europe to ensure broad consensus in the outcome of the project. The IDEAS project is explained

  20. 28 CFR 20.34 - Individual's right to access criminal history record information.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Individual's right to access criminal history record information. 20.34 Section 20.34 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL... Individual's right to access criminal history record information. The procedures by which an individual may...

  1. 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.

  2. Methodology and Psychological Knowledge Issues in the Procedural Differentiation Sphere and the Evidence Doctrine: Problems of Theory and Legislation

    Directory of Open Access Journals (Sweden)

    Sergey S. Tsyganenko

    2016-09-01

    Full Text Available The paper is devoted to actual problems of the theory and legislation of the modern criminal trial based on provisions of differentiation of a procedural form. Its basic provisions belong also to questions of evidentiary activity. Characteristics of knowledge on criminal case will claim the psychological knowledge and categories included in the mechanism of legal regulation of criminal procedure activity. Key role is allocated for the principle of freedom of an assessment of proofs. In this case the assessment of proofs is carried out on internal belief. Historically it is connected with institute of jury trial and competitiveness. Both the principle of freedom of assessment of proofs, and many other provisions of the procedural theory and the legislation need interpretation and an explanation with use of modern psychological knowledge. At the same time in modern Russian criminal procedure as well as in foreign types of criminal trial the reduced summary or special procedural jurisdictions are actively applied. It means formation of the differentiated model of criminal legal proceedings at which there is a summary process. Simplification of an order of proof on a criminal case through a wide range of exceptions is characteristic of them that constitutes a theoretical and practical problem. At their decision it is necessary to use a modern arsenal of methodology and the theory, including new achievements in the field of psychological knowledge.

  3. Problems raised by participation of foreign citizens in national licensing procedures - aspects of public international law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1983-01-01

    In western Europe persons living in border areas increasingly ask for participation in national licensing procedures for nuclear installations to be erected close to the border in neighbouring countries. National practices vary in this matter. Whilst many countries concede rights of participation to foreign citizens in the border areas, the Federal Republic of Germany, e.g., denies foreign citizens direct participation. The paper enquires into the connected problems of public international law and pertinent international treaties and international customary low are examined. (NEA) [fr

  4. The practice of internal medicine in Europe: organisation, clinical conditions and procedures.

    Science.gov (United States)

    Cranston, Mark; Semple, Colin; Duckitt, Roger; Vardi, Moshe; Lindgren, Stefan; Davidson, Christopher; Palsson, Runolfur

    2013-10-01

    Current information on the role of internists in the European countries is scarce. This report describes the results of a survey of the practice of internists in Europe. Two online questionnaire-based surveys were carried out by the European Board of Internal Medicine, one on the practice of internists and the other on postgraduate training in internal medicine. The national internal medicine societies of all 30 member countries of the European Federation of Internal Medicine were invited to participate. The responses were reviewed by internal medicine trainees from the respective countries and summaries of the data were sent to the national societies for approval. Descriptive analysis of the data on the practice of internists was carried out. Twenty-seven countries (90%) completed the questionnaire and approved their datasets. In 8 European countries, most internists practised internal medicine alone and in 7 countries at least half of physicians practised internal medicine together with a subspecialty. Internal medicine was considered a hospital-based specialty in most countries. The majority of selected presenting problems and diagnoses were rated as commonly encountered in all countries. More variability between countries was observed in the performance of diagnostic and therapeutic procedures. Many similarities exist in the practice of internal medicine between the European countries, while some differences are present that likely reflect the variable impact of subspecialisation. The results of the survey should prove valuable for the definition of specific competencies and development of a common curriculum for internal medicine at the European level. © 2013.

  5. Guarantee of Criminal Policy as Limited to Criminal Decisionism

    Directory of Open Access Journals (Sweden)

    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.

  6. 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...

  7. Dentistry and criminal law.

    Science.gov (United States)

    Khoury, B S; Khoury, J N

    2017-09-01

    Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

  8. Euthanasia and criminal law

    OpenAIRE

    Ullrichová, Petra

    2008-01-01

    71 8. Summary- Euthanasia and criminal law Euthanasia is often regarded as a controversial topic that is being discussed all around the world. The legislative rules differ among the countries to various extent. The scope of this work is to offer a summary of legal regulations in euthanasia, particulary in the area of criminal law and a several examples of these regulations in Europe, USA and Australia. In the first chapter, the term of euthanasia is defined which is necessary for the purpose ...

  9. BRIEF CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL MATTERS

    Directory of Open Access Journals (Sweden)

    LUMINITA DRAGNE

    2012-05-01

    Full Text Available Mediation is an alternative means of conflict resolution, is designed as a flexible procedure whose utility was observed in contrast to the deficiencies of the judiciary system. In the field of criminal law, mediation is part of the larger concept of the restorative justice whose aim is restoring the main victim in its rights. From this perspective, to the criminal process is intended, in principal, repairing of the victim's prejudice and, subsequently, to encourage the delinquent in taking responsibility and to acknowledge his guilt, and also to determine him to actively participate in repairing the damage caused. The ultimate goal of the process is giving back the delinquent to society and consequently, reducing the relapse. Romanian legislator has not taken this concept, and how it is regulated mediation in criminal matters is hesitant, cautious and ultimately ineffective. Specifically, in situations that will actually occur, victim-delinquent mediation will only take the form of "assisted reconciliation."

  10. 22 CFR 1101.16 - Criminal penalties.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES... public notice of a system of records as required by 5 U.S.C. 552a(e)(4). ...

  11. Procedures of ASME code case N-201 for KALIMER. Reactor internal structures

    International Nuclear Information System (INIS)

    Koo, Gyeong Hoi; Yoo, B.

    2001-02-01

    The main objective of this report is to describe the design procedure of ASME Boiler and Pressure Vessel Code, Code Case N-201-4, which is an elevated temperature structural design code of the Nuclear reactor internal structures, checking the criteria of stress limit, accumulated inelastic strain and deformation, creep-fatigue damage, and buckling limit. As one of examples, the creep-fatigue damage evaluations are carried out for the KALIMER reactor internal structures of baffle annulus. This report is expected to be very useful in evaluating the structural integrity of the liquid metal reactor operating under an elevated temperature

  12. Internal qualification and credentialing of radiation oncology physicists to perform patient special procedures

    Directory of Open Access Journals (Sweden)

    Michael D Mills

    2014-01-01

    Full Text Available In the arena of radiation oncology special procedures, medical physicists are often the focus professionals for implementation and administration of advanced and complex technologies. One of the most vexing and challenging aspects of managing complexity concerns the ongoing internal qualification and credentialing of radiation oncology physicists to perform patient special procedures. To demonstrate ongoing qualification, a physicist must a document initial training and successful completion of competencies to implement and perform this procedure, b demonstrate familiarity with all aspects of the commissioning and quality assurance process, c demonstrate continuing education respecting this procedure, d demonstrate the peer-reviewed completion of a minimum number of patient special procedures during a specified time span, and e demonstrate satisfactory overall progress toward maintenance of specialty board certification. In many respects, this information complement is similar to that required by an accredited residency program in therapy physics. In this investigation, we report on the design of a management tool to qualify staff radiation oncology physicists to deliver patient procedures.

  13. UN Security Council Practice and Regional Arrangements: Procedure, Legitimacy and International Justice

    DEFF Research Database (Denmark)

    Cullen, Miriam

    2015-01-01

    When the United Nations Security Council first met in January 1946, it was unable to reach agreement on rules of procedure to govern its operation. Instead, “provisional” rules were adopted in anticipation of further negotiation at a later date. The same provisional rules govern the Council’s work...... today, but provide only the skeletal framework of its contemporary practice. From the early 1990s, the Council increasingly implemented informal working methods to expedite its decision-making. This paper will critically examine the tension between the procedural practice of the Security Council...... to act ‘in conformity with the principles of justice and international law’ as stipulated in the very first provision of the United Nations Charter. Scholarship to date has largely ignored the procedural context of Security Council decisions, notwithstanding it provides the very structure within which...

  14. Internal Delorme's Procedure for Treating ODS Associated With Impaired Anal Continence.

    Science.gov (United States)

    Liu, Weicheng; Sturiale, Alessandro; Fabiani, Bernardina; Giani, Iacopo; Menconi, Claudia; Naldini, Gabriele

    2017-12-01

    The aim of this study was to evaluate the medium-term outcomes of internal Delorme's procedure for treating obstructed defecation syndrome (ODS) patients with impaired anal continence. In a retrospective study, 41 ODS patients who underwent internal Delorme's procedure between 2011 and 2015 were divided into 3 subgroups according to their associated symptoms of impaired continence, as urgency, passive fecal incontinence and both, before study. Then the patients' preoperative statuses, perioperative complications, and postoperative outcomes were investigated and collected from standardized questionnaires, including Altomare ODS score, Fecal Incontinence Severity Index (FISI), Patient Assessment of Constipation-Quality of Life Questionnaire (PAC-QoL), and Fecal Incontinence Quality of Life Scale (FIQLS). All results with a 2-tailed P ODS score, FISI, PAC-QoL, and FIQLS in all patients when comparing scores from before the operation with those at the final follow-up. Similar results were also observed in both the urgency subgroup and passive fecal incontinence subgroup, but there were no statistically significant improvements ( P > .05) in Altomare ODS score, FISI, PAC-QoL, or FIQLS in the urgency and passive fecal incontinence subgroups. Anorectal manometry showed the mean value of anal resting pressure increased 20%. Additionally, no major complications occurred. Internal Delorme's procedure is effective without major morbidity for treating ODS associated with urgency or passive fecal incontinence, but it may be less effective for treating ODS associated with both urgency and passive fecal incontinence.

  15. The right to information within the criminal proceedings in the European Union. Comparative examination. Critical opinions

    Directory of Open Access Journals (Sweden)

    Ioana-Minodora Rusu

    2016-10-01

    Full Text Available In the present study we have examined the provisions of Directive 2012/13 / EU of the European Parliament and the Council on the right to information in criminal proceedings and a compared examination relating to the provisions of Romanian law regarding ensuring the right to information within the Romanian criminal proceedings. The innovations and the value of the work consist of the examination of the European legal instrument, the comparative examination and the critical opinions and the proposals of de lege ferenda. As recognized in the jurisprudence of the ECHR, the right to information of the person suspected or accused of committing a crime or arrested for committing a crime on the territory of another Member State is part of the right to a fair trial, being necessary its compliance throughout the criminal trial, on the territory of each Member State. At the same time the European legislative act establishes a general procedure that needs to be respected by each Member State, which entails the obligation for Member States to ensure at least the same rights as for the citizen or the conditions under which a national of another Member State is suspected, accused or arrested for the commission of a crime. This paper continues the research conducted in the field of International and European judicial cooperation in criminal matters, which have resulted in the publication of papers in wellknown publishing houses in the country and abroad, in national and international specialized journals or conference proceedings. The work can be useful to both theorists and practitioners in the field of judicial cooperation in criminal matters regarding the rights of certain categories of people and to the Romanian or European legislator for amending and supplementing the legislation.

  16. Criminal aspects of domestic violence

    OpenAIRE

    Váňová, Radka

    2013-01-01

    Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose...

  17. Explaining the Learning Experiences of Clinical Procedures of the Internal Medicine Residents at Department of Gastroenterology

    Directory of Open Access Journals (Sweden)

    Mansoureh Taghavinia

    2012-07-01

    Full Text Available Introduction: the method and way of learning and teaching are effective in acquiring clinical skills, and identifying the shortcomings of learning and teaching will lead to better planning. The purpose of this study was to explain the experiences of the learning clinical procedures of the internal medicine residents in gastroenterology department. Methods: qualitative study using content thematic analysis was done. Six fourth-year residents were selected and interviewed considering purposive sampling. The data of the interviews were transcribed and analyzed after rereading. Results: the collected data are divided into three categories: learning and experience with the following four categories (learning time and experiencing, leaning and experiencing times, learning and experiencing opportunities, training and the lack of the training of some procedures. These categories are explained by using some quotes derived from the data. Conclusion: the results of this study suggest that the administrative management of internal residency is poor and should get seriously in implementation and application of intended instructions existing in the prepared program of Medical Education and Specialized Council of internal residency period. The attending physicians and residents must be aware of the content of education program at the beginning of the residency periods and the trainers must try to supervise the residents’ education.

  18. 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

  19. Criminal Justice Web Sites.

    Science.gov (United States)

    Dodge, Timothy

    1998-01-01

    Evaluates 15 criminal justice Web sites that have been selected according to the following criteria: authority, currency, purpose, objectivity, and potential usefulness to researchers. The sites provide narrative and statistical information concerning crime, law enforcement, the judicial system, and corrections. Searching techniques are also…

  20. 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…

  1. DIREITO DE PRESENÇA DO RÉU E POSSIBILIDADE DE SUA RETIRADA DA SALA DE AUDIÊNCIAS NO PROCESSO PENAL / RIGHT TO THE DEFENDANT’S PRESENCE AND THE POSSIBILITY OF ITS WITHDRAWAL FROM THE AUDIENCE ROOM IN THE CRIMINAL PROCEDURE

    Directory of Open Access Journals (Sweden)

    Cláudio Mendes Júnior

    2016-04-01

    Full Text Available The democratic state of law rests on the legal security and on the bringing of constitutional rights and guarantees to the criminally prosecuted defendant. Among the criminal procedural safeguards, falls to full legal defense with their consequences of technical and self defense, the latter one consisting on the legal binomial of audience and presence. This research aims to evaluate whether the legal possibility inserted in the Code of Criminal Procedure art. 217 of, exceptionally, to withdraw the defendant from the instruction room violates this constitutional guarantee or not. To do so, it is done research in bibliographic material, as in jurisprudence of national courts about the topic, analyzing by deductive method how the issue is faced in our legal system. From the concrete verification that there is no absolute fundamental rights, and using the weighting technique in the collision of the right of defense with the rights to search for the real truth and protecting the psychological well-being of victims and witnesses, guided by the paradigm of proportionality, we conclude that it is properly housed the possibility of withdrawing the defendant from the courtroom. Since the legal requirements of it met clear demonstration of the defendant’s presence causing humiliation or embarrassment to witness, being able to harm the quality of sought proof. The exceptional character of the action maintains and can only be removed by reasoned decision, including justifying the non-performance of the act by videoconference.

  2. The Protection of Human Rights through Criminal Justice: the Right to Effective Criminal Investigations in Europe. An Integrate Analysis between the ECHR and EU Law

    OpenAIRE

    Mirandola, Sofia

    2017-01-01

    The subject matter of this research are the States’ obligations under the European Convention on Human Rights (the ECHR) to protect human rights through criminal law, with a focus on the procedural limb of such protection, namely the States’ duty to carry out effective criminal investigations into the most serious human rights offences. Furthermore, this study adopts also an integrated approach and discusses the interplay between the duty to conduct effective criminal investigations under the...

  3. Student and intern awareness of ionising radiation exposure from common diagnostic imaging procedures

    International Nuclear Information System (INIS)

    Zhou, G. Z.; Wong, D. D.; Nguyen, L. K.; Mendelson, R. M.

    2010-01-01

    Full text: This study aims to evaluate medical student and intern awareness of ionising radiation exposure from common diagnostic imaging procedures and to suggest how education could be improved. Fourth to sixth year medical students enrolled at a Western Australian university and interns from three teaching hospitals in Perth were recruited. Participants were asked to complete a questionnaire consisting of 26 questions on their background, knowledge of ionising radiation doses and learning preferences for future teaching on this subject. A total of 331 completed questionnaires were received (95.9%). Of the 17 questions assessing knowledge of ionising radiation, a mean score of 6.0 was obtained by respondents (95% CI 5.8-6.2). Up to 54.8% of respondents underestimated the radiation dose from commonly requested radiological procedures. Respondents (11.3 and 25.5%) incorrectly believed that ultrasound and MRI emit ionising radiation, respectively. Of the four subgroups of respondents, the intern doctor subgroup performed significantly better (mean score 6.9, P< 0.0001, 95% CI 6.5-7.3) than each of the three medical student subgroups. When asked for the preferred method of teaching for future radiation awareness, a combination of lectures, tutorials and workshops was preferred. This study has clearly shown that awareness of ionising radiation from diagnostic imaging is lacking among senior medical students and interns. The results highlight the need for improved education to minimise unnecessary exposure of patients and the community to radiation. Further studies are required to determine the most effective form of education.

  4. Money laundering: The question of precedent relevant criminal fact

    Directory of Open Access Journals (Sweden)

    Fernando ANDRADE FERNANDES

    2014-07-01

    Full Text Available The article aims to make a more detailed analysis on the problem of the autonomy of money laundering crime. The rationale for the study is the existence of an understanding that defends the autonomy of the money laundering crime, despite the linkages she has with the precedent crime, of which result the illicit assets. The issue of autonomy of money laundering crime is analyzed in the perspective of the Criminal Law and Criminal Procedure.

  5. Improving Safety on the International Space Station: Transitioning to Electronic Emergency Procedure Books on the International Space Station

    Science.gov (United States)

    Carter-Journet, Katrina; Clahoun, Jessica; Morrow, Jason; Duncan, Gary

    2012-01-01

    The National Aeronautics and Space Administration (NASA) originally designed the International Space Station (ISS) to operate until 2015, but have extended operations until at least 2020. As part of this very dynamic Program, there is an effort underway to simplify the certification of Commercial ]of ]the ]Shelf (COTS) hardware. This change in paradigm allows the ISS Program to take advantage of technologically savvy and commercially available hardware, such as the iPad. The iPad, a line of tablet computers designed and marketed by Apple Inc., was chosen to support this endeavor. The iPad is functional, portable, and could be easily accessed in an emergency situation. The iPad Electronic Flight Bag (EFB), currently approved for use in flight by the Federal Aviation Administration (FAA), is a fraction of the cost of a traditional Class 2 EFB. In addition, the iPad fs ability to use electronic aeronautical data in lieu of paper in route charts and approach plates can cut the annual cost of paper data in half for commercial airlines. ISS may be able to benefit from this type of trade since one of the most important factors considered is information management. Emergency procedures onboard the ISS are currently available to the crew in paper form. Updates to the emergency books can either be launched on an upcoming visiting vehicle such as a Russian Soyuz flight or printed using the onboard ISS printer. In both cases, it is costly to update hardcopy procedures. A new operations concept was proposed to allow for the use of a tablet system that would provide a flexible platform to support space station crew operations. The purpose of the system would be to provide the crew the ability to view and maintain operational data, such as emergency procedures while also allowing Mission Control Houston to update the procedures. The ISS Program is currently evaluating the safety risks associated with the use of iPads versus paper. Paper products can contribute to the flammability

  6. CRIMINAL PSYCHOLOGY IN SPAIN: PRESENT AND FUTURE

    Directory of Open Access Journals (Sweden)

    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.

  7. Multi-objective Optimization of Departure Procedures at Gimpo International Airport

    Science.gov (United States)

    Kim, Junghyun; Lim, Dongwook; Monteiro, Dylan Jonathan; Kirby, Michelle; Mavris, Dimitri

    2018-04-01

    Most aviation communities have increasing concerns about the environmental impacts, which are directly linked to health issues for local residents near the airport. In this study, the environmental impact of different departure procedures using the Aviation Environmental Design Tool (AEDT) was analyzed. First, actual operational data were compiled at Gimpo International Airport (March 20, 2017) from an open source. Two modifications were made in the AEDT to model the operational circumstances better and the preliminary AEDT simulations were performed according to the acquired operational procedures. Simulated noise results showed good agreements with noise measurement data at specific locations. Second, a multi-objective optimization of departure procedures was performed for the Boeing 737-800. Four design variables were selected and AEDT was linked to a variety of advanced design methods. The results showed that takeoff thrust had the greatest influence and it was found that fuel burn and noise had an inverse relationship. Two points representing each fuel burn and noise optimum on the Pareto front were parsed and run in AEDT to compare with the baseline. The results showed that the noise optimum case reduced Sound Exposure Level 80-dB noise exposure area by approximately 5% while the fuel burn optimum case reduced total fuel burn by 1% relative to the baseline for aircraft-level analysis.

  8. Coating application procedure qualification for internal girth weld using a robot device

    Energy Technology Data Exchange (ETDEWEB)

    Koebsch, Andre; Cunha, Bruno Rocha Marques da; Barreto, Eduardo Chave; Nunes, Erik Barbosa; Solymossy, Victor [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

    2009-12-19

    This year PETROBRAS complete 55 years old filling up our country of energy necessary to support our development. Some oil fields, especially from the northeast region, has being had their production decrease by their ageing. In order to have their live protracted some retrieval technical has being used. For example we can mention gas lift, production water injection, CO{sub 2} injection and so on. The produced water even treated has an elevated tenor of chloride, acid ph, presence of organics acids, H{sub 2}S and no O{sub 2}. The water became too corrosive by those characteristics. Due to it an anti corrosive coating application is demanded on the pipe internal surface and on the girth weld. The pipes are coated in a coating plant and it has a qualified coating procedure. Therefore an application of anti corrosive coating is demanded on the girth weld after the pipe welding. To accomplish this job an application procedure was developed using a robot. The PETROBRAS' Engineer witnesses the PQT of this procedure aiming to guarantee the applied coating quality. This paper will show the PQT results and a basic description of the robot operation. (author)

  9. PROCEDURAL NORMS AND SUBSTANTIVE NORMS: THE PRIMACY OF JUS COGENS NORMS AND UNDERSTANDING OF THE INTERNATIONAL COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Elisa Resende Bueno Da Fonseca

    2015-12-01

    Full Text Available The purpose of this paper is to analyze the relationship between the procedural rule of State immunity and substantive rule of jus cogens prohibiting torture and slave labor in the case Germany v. Italy judged by the International Court of Justice in 2012. Notwithstanding the recognized superiority of peremptory norms, in the case, its analysis was impeded by application of the procedural rule of immunity. The suppression of the rule that expresses the higher values of the international community resulted in manifest injustice and impunity. Through detailed analysis of the characteristics and effects substantive rules of jus cogens, as well as its distinction of rules of procedural character, and considering the theoretical framework humanization of international law, this work states that the contemporary international law does not allow a procedural rule prevents the application of a substantive rule of jus cogens, exactly by the supreme value this last protects: the human being.

  10. Several criminal, phenomenological and etiological features of criminal offences of counterfeiting money in Kosovo

    Directory of Open Access Journals (Sweden)

    MSc. Milot Krasniqi

    2012-12-01

    Full Text Available The Republic of Kosovo is making efforts as a young state to strengthen rule of law and efficiently combat criminality in general, and specifically organized crime, as a condition for its journey towards European integration perspectives.  For a normal functioning of the economic system, the safety and protection of controlled circulation of money are of vital importance. In this direction, the state takes actions and measures to ensure that manufacturing and emissions of banknotes and bonds are undertaken by competent authorities, such as the Central Bank, and render impossible the counterfeiting of money. In Kosovo, money counterfeiting is not widely studied. Consequently, there are no recent research papers over the time when these offences have marked rather high records. This circumstance, and especially the fact that these offences are rather frequent in Kosovo, made me enter the research of this type of criminality.    Apart from principles and rules stipulated by special laws of the field of economy, protection of the economic system is also helped by the Criminal Code, which incriminates the act of counterfeit money as a criminal offence against the economic system, thereby ensuring general prevention of potential offenders, and repressive measures against confirmed offenders. Protection of economic and monetary systems is also provided upon by numerous international acts.  The paper is permeated by conclusions, analysis and independent recommendations, which I believe will contribute de lege ferrenda to criminal policies in preventing and combating this type of crime. In researching the criminal offences of counterfeiting money, I have used the method of historical materialism, dogmatic law method, statistical methods, surveys and interviews, and studies of individual cases.    From the research of this type of crime, I have concluded that these criminal offences are a serious type of crime, which may result in major individual

  11. Pathological gambling and criminality.

    Science.gov (United States)

    Folino, Jorge Oscar; Abait, Patricia Estela

    2009-09-01

    To review research results on the relationship between pathological gambling and criminality, published in 2007 and 2008, in English and in Spanish. An important association between pathological gambling and criminality was confirmed in populations of anonymous gamblers, helpline callers and substance abusers. Helplines provide a timely service to gamblers who have not reached the maximum stages in the development of a pathological gambling pattern. Pathological gambling is associated with violence in couples and dysfunctional families. Inversely, violence is also an antecedent promoting vulnerability toward pathological gambling. Impulsiveness shows diverse relationships with pathological gambling and violence as well. A pathological gambler's involvement in crime is exceptionally considered without responsibility by justice, but it may be an indicator of the disorder severity and the need for special therapeutic tactics. While reviewing the present study, research work was published that contributed to a better understanding of the association between pathological gambling and criminality and went further into their complex relationship and the formulation of explanatory models related to impulsiveness.

  12. 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.

  13. Probabilistic Nowcasting of Low-Visibility Procedure States at Vienna International Airport During Cold Season

    Science.gov (United States)

    Kneringer, Philipp; Dietz, Sebastian J.; Mayr, Georg J.; Zeileis, Achim

    2018-04-01

    Airport operations are sensitive to visibility conditions. Low-visibility events may lead to capacity reduction, delays and economic losses. Different levels of low-visibility procedures (lvp) are enacted to ensure aviation safety. A nowcast of the probabilities for each of the lvp categories helps decision makers to optimally schedule their operations. An ordered logistic regression (OLR) model is used to forecast these probabilities directly. It is applied to cold season forecasts at Vienna International Airport for lead times of 30-min out to 2 h. Model inputs are standard meteorological measurements. The skill of the forecasts is accessed by the ranked probability score. OLR outperforms persistence, which is a strong contender at the shortest lead times. The ranked probability score of the OLR is even better than the one of nowcasts from human forecasters. The OLR-based nowcasting system is computationally fast and can be updated instantaneously when new data become available.

  14. 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 currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all....

  15. Drones in (Slovene) criminal investigation

    OpenAIRE

    Boštjan, Slak

    2016-01-01

    Unmanned aircrafts, also known as drones, are increasingly used in modern society. Their versatility allows them to be used in a range of different industries, sectors, spheres and activities, including in the area of policing and criminal investigation. In policing, drones are primarily used for the control of state borders, public events and traffic, while their use in criminal investigation is related all from assisting crime scene investigation to tracking suspects or criminal gangs. The ...

  16. Congress, NRC mull utility access to FBI criminal files

    International Nuclear Information System (INIS)

    Ultroska, D.

    1984-01-01

    Experiences at Alabama Power Company and other nuclear utilities have promped a request for institutionalizing security checks of personnel in order to eliminated convicted criminals and drug users. The Nuclear Regulatory Commission (NRC), which could provide FBI criminal history information by submitting fingerprints, does not do so, and would require new legislation to take on that duty. Believing that current malevolent employees can be managed with existing procedures, NRC allows criminal background checks only on prospective employees in order to avoid a negative social impact on personnel. Legislation to transfer criminal histories to nuclear facilities is now pending, and NRC is leaning toward a request for full disclosure, partly because of terrorist threats and partly to save manpower time and costs in reviewing case histories

  17. Procedure for conducting probabilistic safety assessment: level 1 full power internal event analysis

    Energy Technology Data Exchange (ETDEWEB)

    Jung, Won Dae; Lee, Y. H.; Hwang, M. J. [and others

    2003-07-01

    This report provides guidance on conducting a Level I PSA for internal events in NPPs, which is based on the method and procedure that was used in the PSA for the design of Korea Standard Nuclear Plants (KSNPs). Level I PSA is to delineate the accident sequences leading to core damage and to estimate their frequencies. It has been directly used for assessing and modifying the system safety and reliability as a key and base part of PSA. Also, Level I PSA provides insights into design weakness and into ways of preventing core damage, which in most cases is the precursor to accidents leading to major accidents. So Level I PSA has been used as the essential technical bases for risk-informed application in NPPs. The report consists six major procedural steps for Level I PSA; familiarization of plant, initiating event analysis, event tree analysis, system fault tree analysis, reliability data analysis, and accident sequence quantification. The report is intended to assist technical persons performing Level I PSA for NPPs. A particular aim is to promote a standardized framework, terminology and form of documentation for PSAs. On the other hand, this report would be useful for the managers or regulatory persons related to risk-informed regulation, and also for conducting PSA for other industries.

  18. Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis

    OpenAIRE

    R C Borpatragohain

    2013-01-01

    This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC) 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juve...

  19. É possível uma Política Criminal? a discricionariedade no Sistema de Justiça Criminal do DF

    Directory of Open Access Journals (Sweden)

    Arthur Trindade M. Costa

    2011-04-01

    Full Text Available Neste artigo, discutimos as limitações e os obstáculos para a elaboração e implantação de uma Política Criminal no Distrito Federal. Para isso, analisamos a forma como o processo de tomada de decisões no interior do Sistema de Justiça Criminal está estruturado. Observamos, a partir de etnografias e grupos focais, que tanto delegados, quanto promotores e juízes estabelecem critérios para selecionar os inquéritos e processos que merecerão atenção. Sem essa seleção, o funcionamento do Sistema de Justiça Criminal seria ainda mais caótico. Ocorre que essa seletividade é feita sem atender a uma Política Criminal. Existem diferentes filtros no Sistema de Justiça Criminal do DF, que seguem diferentes lógicas, cujo resultado é a ausência de uma Política Criminal coerente. As causas disso repousam no não reconhecimento da discricionariedade no Sistema de Justiça Criminal do Distrito Federal e, consequentemente, da sua não estruturação.In this article we discuss the limits and obstacles to the creation and implementation of a criminal policy in the Brazilian Federal District. So, we analyze how the decision making process in the Criminal Justice System has been structured. We observed, through ethnographies and focus groups, that commissioners, attorneys and judges have been established their own criteria to select police inquiries and criminal procedures. There are different biases in the Criminal Justice System of Federal District that follow different logics, whose consequence is the lack of a coherent criminal policy. The causes of this are the no recognition of the discretion in the Criminal Justice System and, consequently, it no structuration.

  20. Addiction between therapy and criminalization.

    Science.gov (United States)

    Birklbauer, Alois; Schmidthuber, Kathrin

    2014-12-01

    The present paper delves into the question of whether and to what extent it is appropriate to leave addiction problems between the conflicting priorities of therapy and criminalization. After outlining the issue the criminal addictive behaviour including crimes associated with drug misuse and with obtaining drugs is described. Subsequently it is discussed if and how you could make allowances for addiction-related legal insanity in the criminal law sector. Following a few remarks on the principle of "voluntary therapy instead of penal sanction" as a way to alleviate the strict law on narcotic drugs misuse a summary and an outlook with criminal-political demands complete the issue.

  1. Using simulators to teach pediatric airway procedures in an international setting.

    Science.gov (United States)

    Schwartz, Marissa A; Kavanagh, Katherine R; Frampton, Steven J; Bruce, Iain A; Valdez, Tulio A

    2018-01-01

    There has been a growing shift towards endoscopic management of laryngeal procedures in pediatric otolaryngology. There still appears to be a shortage of pediatric otolaryngology programs and children's hospitals worldwide where physicians can learn and practice these skills. Laryngeal simulation models have the potential to be part of the educational training of physicians who lack exposure to relatively uncommon pediatric otolaryngologic pathology. The objective of this study was to assess the utility of pediatric laryngeal models to teach laryngeal pathology to physicians at an international meeting. Pediatric laryngeal models were assessed by participants at an international pediatric otolaryngology meeting. Participants provided demographic information and previous experience with pediatric airways. Participants then performed simulated surgery on these models and evaluated them using both a previously validated Tissue Likeness Scale and a pre-simulation to post-simulation confidence scale. Participants reported significant subjective improvement in confidence level after use of the simulation models (p easy manipulated with surgical instruments. These models allow both trainees and surgeons to practice time-sensitive airway surgeries in a safe and controlled environment. Copyright © 2017 Elsevier B.V. All rights reserved.

  2. 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

  3. [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.

  4. DEBER DE CONGRUENCIA (RECTIUS, CORRELACIÓN DE LA SENTENCIA PENAL Y OBJETO DEL PROCESO: UN PROBLEMA NO RESUELTO EN LA LEY E INSOLUBLE PARA LA JURISPRUDENCIA CHILENA MATCHING DUTY (RECTIUS, CORRELATION OF THE JUDGEMENT AND THE SUBJECT OF THE CRIMINAL PROCEDURE: AN UNRESOLVED PROBLEM IN THE LAW AN INSOLUBLE FOR THE CHILEAN JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Carlos del Rio Ferretti

    2008-01-01

    Full Text Available El presente estudio trata del deber de correlación de la sentencia penal y los problemas de su aplicación presentados en la jurisprudencia (y doctrina chilena. El tema es analizado fijando el supuesto técnico previo sobre el cual se construye dicho deber, como es la determinación del objeto del proceso a partir de un preciso concepto del hecho punible desde una perspectiva procesal. Es por ello que se analizan las posiciones teóricas y técnicas sobre el concepto del hecho, más apropiadas para responder a las complejas cuestiones comprendidas en el deber de correlación de la sentencia penal, destinadas a resolver los problemas de aplicación explicados en el estudio. Con ese propósito se analizan las teorías naturalistas y normativas del hecho y se intenta demostrar las repercusiones prácticas de sus respectivas aplicaciones.This research is about the matching duty of the criminal judgement and problems that come along with its application by the Chilean tribunals (and Literature. The topic is analyzed setting the technical support after which builds on that obligation, as in the definition of the subject of the criminal procedure from a precise concept of the punishable act from a procedural perspective. This is the reason why we study the technical and theoretical positions about the concept of «fact» more appropriate to understand the complex issue that involves the matching duty of the criminal judgement, to resolve the problems that come along with is application as we explain in this study. To this purpose we analyze naturalists and normatives theories about the concept of «fact» and intend proving the practical consequence wether you submit to one or another theory.

  5. CSNI international standard problem procedures - CSNI Report No. 17 - Revision 4

    International Nuclear Information System (INIS)

    Micaelli, J.C.

    2004-01-01

    Assessing the safety of a nuclear installation requires the use of a number of highly specialised tools: computer codes, experimental facilities and their instrumentation, special measurement techniques, methods for testing materials and components and so on. These tools may vary to some extent in different countries and many of them are extremely complex and costly to produce and use. A highly effective way of increasing confidence in the validity and accuracy of such tools is provided by International Standard Problem (ISP) Exercises in which they are gauged against one another and/or against an agreed standard. For example, predictions of different computer codes for a given physical problem may be compared with each other and with the results of a carefully controlled experimental study which also could be a real plant transient. This kind of comparative exercise is clearly suitable for an international venture. CSNI is of the opinion that ISP exercises are useful and should be continued. ISPs are performed as 'open' or as 'blind' problems. In an open problem results of an experiment are available to participants before it is evaluated. In a blind problem results of the experiment are not made known to the participants until after delivery of the calculated results. Depending on the kind of experiment and its objectives, certain boundary and initial conditions of the experiment are communicated to the participants before they start the exercise. This is necessary where it is difficult to guarantee the reproducibility of experiments. For all ISPs the participants are provided with a complete description of the experimental facility. The Lead Country (proposing the ISP) must decide whether the data can be withheld temporarily (blind ISP) or whether the data will be published before the analysis of participating countries is completed (open ISP). It is recommended that ISPs be conducted blind, where possible. ISPs require a considerable expenditure of resources

  6. 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)

  7. Drug Use and Criminal Behavior

    Science.gov (United States)

    Fink, Ludwig; Hyatt, Murray P.

    1978-01-01

    An overview of addiction and crime is presented. Crimes of violence and sex crimes are contrasted with non-violent criminal behavior when drug-connected. It is suggested that alternative methods of dealing with drug abuse and criminal behavior be explored, and that several previously discarded methods be re-examined. (Author)

  8. Mapping the criminal mind: idiographic assessment of criminal belief systems.

    Science.gov (United States)

    Walters, Glenn D

    2005-02-01

    An idiographic procedure designed to assess the belief systems of criminal offenders is described, investigated, and clarified. This measure, the Cognitive Map of Major Belief Systems (CMMBS), assesses the five belief systems (self-view, world-view, past-view, present-view, future-view) held to occupy the higher echelons of human cognition. Modest to moderate test-retest reliability was achieved when 19 inmates, enrolled in one of three drug-counseling groups, completed the CMMBS on two separate occasions, 2 weeks apart. It was also ascertained that the drug treatment specialist who served as therapist for all three groups "blindly" matched the 19 CMMBS records to the inmates who produced them. A case study of one of the 19 participants was used to illustrate how the CMMBS is employed with individual offenders and how belief systems interact with major schematic subnetworks such as attributions, outcome expectancies, efficacy expectancies, goals, values, and thinking styles to create crime-supporting lifestyles.

  9. Relationship between the criminal proceduer setting and the objectives of public prosecution

    Directory of Open Access Journals (Sweden)

    Artem O. Gryaznov

    2014-01-01

    Full Text Available Objective on the basis of the doctrine legislation and practice to make conclusions about the degree of efficiency of such participants in the criminal proceedings as the detective investigator Prosecutor judge and to analyze the observance and implementation of such important principles as adversary equality of the parties and presumption of innocence from the point of view of the thorough study of their practical application. Methods dialectical method analysis synthesis deduction and induction and specific scientific methods of scientific cognition. Results the actual position was determined of the subjects of criminal proceedings from the point of view of feasibility of basic principles of criminal proceedings not in legislative but in practical aspect. Scientific novelty Often the position of criminal proceeding subjects their authority role and status are analyzed from the point of view of legislative norms. It also true for criminal proceedings. In the article an attempt is made to analyze with the new position the relationship of the criminal process setting and the objectives of public prosecution in the modern period of development of criminal procedural science. Practical value the criminal proceedings is an essential element in the aspect of the citizensrsquo rights protection thus it is obvious that the position of the criminal proceedings participants should objective and transparent and the criminal proceedings principles should be implemented. The article shows the problems and proposes was of their solution which are of objective interest. The research results can be applied in practice and taken into account when making changes in the legislation.

  10. 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...... the aims of international criminal justice....

  11. 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. © The Author(s) 2015.

  12. Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

    Science.gov (United States)

    Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

    2016-01-01

    The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

  13. CONCEPTUAL AGGREGATION OF CRIMINAL OFFENCES SEPARATION FROM COLLISION OF THE CRIMINAL LAW NORMS

    OpenAIRE

    Persidskis, Ainārs

    2017-01-01

    The topic of the paper is the conceptual aggregation of criminal offences separation from collision of the Criminal Law norms. The conceptual aggregation of criminal offences is the most difficult type of all multiplicity types of criminal offences. This research paper provides an overview of the conceptual aggregation of criminal offences separation from collision of the Criminal Law norms. In the paper is given analyses of conceptual aggregation of criminal offences separation from collisio...

  14. The demographic, clinical and forensic profile of offenders diagnosed with epilepsy referred to the Free State Psychiatric Complex Observation Unit in terms of section 77 and/or 78 of the Criminal Procedure Act 51 of 1977

    Directory of Open Access Journals (Sweden)

    P J Marais

    2011-03-01

    Full Text Available Introduction. Limited information regarding the relation between psychopathology associated with epilepsy, crime and the legal aspects thereof is available in South Africa. Objectives: The demographic, clinical and forensic profile of alleged offenders diagnosed with epilepsy and referred to the Free State Psychiatric Complex (FSPC Observation Unit from 2001 to 2006, was investigated. Design A retrospective cross-sectional study was conducted. Results: Of the 69 alleged offenders, aged 17–79 years (median 30 years, 94.2% were male, 81.2% Black, 72.5% single, and 69.9% unemployed. The median qualification was grade six. Offences were violent in nature and committed against a person in 75% of cases. A direct link between epilepsy and the alleged offences occurred in 7% of cases. Generalised epilepsy (34.8% and interictal psychosis (20.3% were the most commonly diagnosed conditions. Twenty-nine (42% alleged offenders lacked criminal responsibility and were not fit to stand trial. Most observati (79.2% diagnosed with generalised epilepsy were criminally liable and fit to stand trial. The highest rate of criminal incapacity was found among observati with interictal psychoses (85.7% and comorbid mental retardation (90%. Almost 60% of referred cases were declared as state patients by the court. Conclusion: In only 16% of cases, observati were found unaccountable because of epilepsy (automatisms or postictal confusional states. Our findings confirmed an increased prevalence of violent behaviour during seizure-free periods. This contributes to evidence that factors associated with epilepsy, rather than the epilepsy itself, play an important role in the possible increased risk of violent behaviour in people with epilepsy.

  15. International Cooperation to Establish Standard Operating Procedure (SOP) for Quarantine Management of Irradiated Foods in International Trade

    Energy Technology Data Exchange (ETDEWEB)

    Lee, J. W.; Byun, M. W.; Kim, J. H.; Choi, J. I.; Song, B. S.; Yoon, Y. H.; Kim, D. H.; Kim, W. G.; Kim, K. P.

    2010-02-15

    {center_dot} Development of SOPs through various research activities such as building international cooperation, and analysing current status of food irradiation in domestic and international markets, export and import, international market size, and of R and D - Analysis of examples for quarantine management in agricultural product exporting countries and use of irradiation technology for agricultural product quarantine, and changes in international quarantine management - Analysis of SOPs for food irradiation quarantine in international organization (CODEX, IPPC, WHO). U.S, EU, China, India, and Australia. - Collaborative researches of India/Korea and China/Korea entered into an agreement for market trials {center_dot} Publishment of irradiation quarantine management SOPs agreed to CODEX standards - Collaborative researches for quarantine management, avoiding Technical Barrier to Trade (TBT), and Sanitary Phytosanitary Measures were conducted, and advanced SOPs agreed with WTO/FTA system were published

  16. International Cooperation to Establish Standard Operating Procedure (SOP) for Quarantine Management of Irradiated Foods in International Trade

    International Nuclear Information System (INIS)

    Lee, J. W.; Byun, M. W.; Kim, J. H.; Choi, J. I.; Song, B. S.; Yoon, Y. H.; Kim, D. H.; Kim, W. G.; Kim, K. P.

    2010-02-01

    · Development of SOPs through various research activities such as building international cooperation, and analysing current status of food irradiation in domestic and international markets, export and import, international market size, and of R and D - Analysis of examples for quarantine management in agricultural product exporting countries and use of irradiation technology for agricultural product quarantine, and changes in international quarantine management - Analysis of SOPs for food irradiation quarantine in international organization (CODEX, IPPC, WHO). U.S, EU, China, India, and Australia. - Collaborative researches of India/Korea and China/Korea entered into an agreement for market trials · Publishment of irradiation quarantine management SOPs agreed to CODEX standards - Collaborative researches for quarantine management, avoiding Technical Barrier to Trade (TBT), and Sanitary Phytosanitary Measures were conducted, and advanced SOPs agreed with WTO/FTA system were published

  17. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

    Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

  18. The reaction to femicide in criminal law

    Directory of Open Access Journals (Sweden)

    Batrićević Ana

    2016-01-01

    Full Text Available Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state‘ s reaction to it and to its more efficient suppression.

  19. Technical records as material evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Fitim Shishani

    2017-03-01

    Full Text Available Nowadays, with the aid of technical records - recordings (audio, visual or combined audiovisual events and occurrences can be registered in the outside world in detail. The recording enables the creator or anyone who has it in disposal that at any moment of its reproduction, it can be found in detail how the recorded event has happened or how an occurrence seemed at the time of the recording. Among the current formats of technical records are included: photography, filming, magnetic, magnetoscope, and videophone recording etc. (Sahiti & Murati 2016, 295. The possibility provided by the rapid technical development is also of interest to criminal procedure because technical records containing any fact that may be proved in criminal proceedings may serve as a source of knowledge about facts. In other words, they may serve as evidence to establish facts in criminal proceedings. Given the extensive options that technical fact recordings provide, entities that use the aid of various devices from this fi eld, as well as the different purposes of the author of the recording which have led to the case of making the recording, there is a reasonable question of the permission on their use as evidence in criminal proceedings. In Kosovo, the situation is clear in terms of recordings made in the criminal procedure, as Kosovo CCP 1 provides the possibility of photographing, filming, sketching, etc., of the crime scene, audio visual recording etc. examination of persons (defendant, witness, expert or recordings of any action on judicial review.

  20. Procedural Influence on Internal and External Assessment Scores of Undergraduate Vocational and Technical Education Research Projects in Nigerian Universities

    Science.gov (United States)

    A. C., John; Manabete, S. S.

    2015-01-01

    This study sought to determine the procedural influence on internal and external assessment scores of undergraduate research projects in vocational and technical education programmes in the university under study. A survey research design was used for the conduct of this study. The population consisted of 130 lecturers and 1,847 students in the…

  1. Licensing procedure for nuclear power in Sweden. An international look with lessons for Sweden

    International Nuclear Information System (INIS)

    Gaahlin, Emil; Nilsson, Isabelle; Pettersson, Maria; Soederholm, Patrik

    2011-02-01

    be operated so that requirements on safety are obtained and Swedish international obligations are fulfilled. The Act requires certain provisions in the Environmental Code to be applied. Most important is the link to the general rules of consideration, e.g., the obligation to use 'best available technology'. An EIA-procedure precedes the licensing. The Radiation Safety Authority should always issue 'conditions' related to radiation protection in general. Finally, a construction license is required, and is typically granted if the application does not contravene with what is prescribed in the detail plan for the area. Several important differences exist between the previous and the existing licensing procedure in Sweden. The power of the municipalities over the territorial planning system is today stronger than was the case during the 1970s. The most significant difference, however, is the introduction of the Environmental Code in the late 1990s. The Code implies an integrated assessment of the environmental issues with sustainable development as the main guiding principle; this implies, for instance, that the issue of ionising radiation is addressed also in the environmental trial. This change also implies a greater role for public participation and access to justice. The government's decision on permissibility has a close resemblance to the corresponding regulation in the earlier so-called Building Act, but the main difference lies in the fact that this regulation now forms part of the Environmental Code and must therefore comply with the goals and the rules of the Code

  2. 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.

  3. The Right to Remain Silent in Criminal Trial

    Directory of Open Access Journals (Sweden)

    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

  4. Criminal Law Study Guide (Revision)

    National Research Council Canada - National Science Library

    1998-01-01

    .... Correct application of principles of military criminal law. This study guide is the is the primary text for students in the course and may be also useful to practicing judge advocates as a starting point for research...

  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. Profiling, Screening and Criminal Recruitment

    OpenAIRE

    Christopher Cotton; Cheng Li

    2012-01-01

    We model major criminal activity as a game in which a law enforcement officer chooses the rate at which to screen different population groups and a criminal organization (e.g., drug cartel, terrorist cell) chooses the observable characteristics of its recruits. Our model best describes smuggling or terrorism activities at borders, airports and other security checkpoints. When the social costs of crime are high, law enforcement is most-effective when it is unconstrained in its ability to profi...

  7. Criminal Aspects of Artificial Abortion

    OpenAIRE

    Hartmanová, Leona

    2016-01-01

    Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want ...

  8. Teoretical basis for the study of reparation by the state physical person, the victim of a criminal offence

    Directory of Open Access Journals (Sweden)

    Наталія Анатоліївна Хмельова

    2016-06-01

    Full Text Available Theoretical aspects of harm caused a criminal offence, that is, damage that is the basis for the adoption of measures to ensure reparation to the victim, in the science of civil procedural law received significant attention. However, despite the serious scientific elaboration of this problem and its issues, still have a lot of issues that are still insufficiently study, while they are essential for the theory of civil law. Analysis of recent research gives reason to believe that the affected problems has been the subject of research by scholars such as G. A. Atanesyan, S. P. Golubyatnikov, B. T. Bezlepkin, M. I. Goshovsky, O. I. Kuchinska, V. T. Nor, and others. However, the update of the regulatory material, in particular amendments to the Civil code of Ukraine, adoption of the new Criminal procedural code of Ukraine, can not affect scientific and practical interest in the conditions of modernity. Civil-legal nature of compensation of property harm involves understanding it as an object of tort obligations, which it is in civil law. In the legal literature there are two opposite positions of the scholars on this issue. Civil legislation proceeds from the principle of full compensation for losses. The concept of property damage caused by a criminal offence to the victim, covers: 1 caused by a criminal offence the face of a direct, imminent harm to his property and in monetary terms; 2 loss due to criminal offence, and income; 3 evaluated in monetary terms, the cost of treatment, prosthetics, restoration of health of the victim, and in case of his death, burial and payments for the maintenance of physical well-being and education of the disabled family members of the victim and their minor children; 4 the funds spent by state or municipal health protection institution on hospitalization of the person injured from the criminal offence. In summary clarification of the concept of property damage caused by a criminal offence, we distinguish three

  9. A Procedural Skills OSCE: Assessing Technical and Non-Technical Skills of Internal Medicine Residents

    Science.gov (United States)

    Pugh, Debra; Hamstra, Stanley J.; Wood, Timothy J.; Humphrey-Murto, Susan; Touchie, Claire; Yudkowsky, Rachel; Bordage, Georges

    2015-01-01

    Internists are required to perform a number of procedures that require mastery of technical and non-technical skills, however, formal assessment of these skills is often lacking. The purpose of this study was to develop, implement, and gather validity evidence for a procedural skills objective structured clinical examination (PS-OSCE) for internal…

  10. Oak Ridge National Laboratory whole-body counter: internal operating procedure manual

    International Nuclear Information System (INIS)

    Berger, C.D.; Lane, B.H.

    1982-08-01

    The general purpose of the ORNL Whole Body Counter is to provide a rapid estimation of the type and quantity of radionuclide deposited in the human body. This report contains a review of the equipment in use at the facility and the procedure for its operation, the standard procedure for performing a routine whole body count, and a discussion of interpretation of results

  11. Renegotiating forensic cultures: between law, science and criminal justice.

    Science.gov (United States)

    Roberts, Paul

    2013-03-01

    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. Copyright © 2013. Published by Elsevier Ltd.

  12. 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.

  13. Delphi Method Validation of a Procedural Performance Checklist for Insertion of an Ultrasound-Guided Internal Jugular Central Line.

    Science.gov (United States)

    Hartman, Nicholas; Wittler, Mary; Askew, Kim; Manthey, David

    2016-01-01

    Placement of ultrasound-guided central lines is a critical skill for physicians in several specialties. Improving the quality of care delivered surrounding this procedure demands rigorous measurement of competency, and validated tools to assess performance are essential. Using the iterative, modified Delphi technique and experts in multiple disciplines across the United States, the study team created a 30-item checklist designed to assess competency in the placement of ultrasound-guided internal jugular central lines. Cronbach α was .94, indicating an excellent degree of internal consistency. Further validation of this checklist will require its implementation in simulated and clinical environments. © The Author(s) 2014.

  14. International comparison of interpolation procedures for the efficiency of germanium gamma-ray spectrometers (GAM83 exercise)

    International Nuclear Information System (INIS)

    Zijp, W.L.; Polle, A.N.; Nolthenius, H.J.

    1986-01-01

    Results are presented for the outcome of an international intercomparison of a particular gamma-ray spectrometric procedure. Laboratories were asked to determine full energy peak efficiencies and activities by means of their own procedures, starting from supplied peak-efficiency data. Four data sets for four different conditions of germanium detectors were distributed. The sets comprised: a high accuracy- (uncertainty > 1%) data set with a relatively large number of measured data (SET 1); a low accuracy- (uncertainty 3-5%) data set with a relatively small number of measured data (SET 2); a low energy-data set (SET 3); a high accuracy-data set with a relatively small number of measured data (SET 4). The intercomparison (coded GAM83) was organized and analyzed under auspices of the International Committee for Radionuclide Metrology (ICRM). The results comprise the analysis of the contributions of 41 participants

  15. The International Criminal Court at the crossroads

    Directory of Open Access Journals (Sweden)

    Abdelwahab Biad

    2010-05-01

    Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.

  16. 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

  17. Murder in French criminal law

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2015-01-01

    Full Text Available The most dangerous forms and aspects of violent crime are criminal offences against life and bodily integrity of others, which are generally designated as acts of homicide. The most prominent among these criminal offences is the crime of murder. Due to the significance, legal nature, characteristics and consequences of this criminal act, all contemporary legislations prescribe the most severe measures and types of punishment for the commission of this crime. There are three types of murder: 1 ordinary (common murder, 2 murder committed under mitigating circumstances, and 3 murder committed under aggravating circumstances, which is as a rule punishable by the most severe punishment. All contemporary criminal legislations, including French legislation, recognize various types and forms of murder, depending on the classification criteria. The most prominent forms of murder are those involving various motives that induce the perpetrators to cause death to another person. In this paper, the author examines the concept, contents, characteristics, forms and elements of the crime of murder in French criminal law, discussing the theoretical and practical aspects of this issue.

  18. Mentally disordered criminal offenders: legal and criminological perspectives.

    Science.gov (United States)

    Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

    2009-01-01

    Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

  19. Procedure for validating the life extension for the WWER-440 internals at NV NPP unit 3

    International Nuclear Information System (INIS)

    Filatov, V.M.; Evropin, S.V.

    2001-01-01

    The design lifetime (30 years) of the 1st generation WWER-440 reactor facilities is nearing completion in Russia. One of the major problems is to validate the life extension (LE) of the reactor internals ensuring the core arrangement and free passage of the control and protection system components during different operating modes, emergency modes included. The internals at the 1st generation units are designed so that to enable their replacement. But it requires a lot of funds and time. The work has been done to demonstrate that the internals may be further safely operated without their components being replaced provided their strength, longevity and serviceability are sufficiently validated. (author)

  20. Mental readiness for maritime international operation: procedures developed by Norwegian navy

    OpenAIRE

    Sanden, Sverre; Johnsen, Bjørn Helge; Eid, Jarle; Pettersen, Jan Sommerfelt; Koefoed, Vilhelm F; Størksen, Roar; Røsseland, Atle; Neteland, Hans Olav; Wetteland, Per Inge; Wilhelmsen, Eirik Veum

    2014-01-01

    Seafarer’s mental health is vital for a well-functioning organisation. Neglecting mental health status on board could be extremely costly for both the crew affected as well as the company. The present article outlines an extensive programme implemented in the Royal Norwegian Navy for personnel deployed in international operations. The challenges involved in international operations bare similarities to onboard personnel in civilian maritime operations. The program utilised by the Royal Norweg...

  1. 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.

  2. Methamphetamine use and criminal behavior.

    Science.gov (United States)

    Gizzi, Michael C; Gerkin, Patrick

    2010-12-01

    This research seeks to broaden our understanding of methamphetamine's (meth's) place within the study of drugs and crime. Through extensive court records research and interviews with 200 offenders in local jails in western Colorado, this research contributes to the creation of a meth user profile and begins to identify the place of meth in the drug-crime nexus. The study compares the criminal behavior of meth users with other drug users, finding that meth users are more likely than other drug users to be drunk or high at the time of arrest and claim their crimes were related to drug use in other ways. A content analysis of criminal records demonstrates that meth users have more extensive criminal records and are more likely than other drug users to commit property crimes.

  3. Criminal Liability for Human Abduction​

    Directory of Open Access Journals (Sweden)

    Vyacheslav N. Voronin

    2017-08-01

    Full Text Available The Author considers the quality of the construction of the criminal law provision which is stipulated in article 126 of the Criminal Code of Russian Federation (Kidnapping. The Author signifies some application problems of the concerned article, researches judicial interpretations of the elements of crime characteristics and opinions of contemporary scientists who propose to redraft the article. The Author also analyses the law of Armenia, Belarus, Kyrgyzstan, Turkmenistan, Tajikistan and Latvia. On the basis of the research the Author concludes that a primitive disposition which doesn’t include elements of a criminal conduct doesn’t meet the requirements of legality and legal certainty, and, because of the above-mentioned reason, the Author proposes his own definition of the disposition of kidnapping.

  4. Neurologic disorder and criminal responsibility.

    Science.gov (United States)

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other. © 2013 Elsevier B.V. All rights reserved.

  5. Your Criminal Fico Score

    Science.gov (United States)

    2016-09-01

    Amendment jurisprudence . First, more information will be collected on individuals in police databases, and those individuals may not receive notice of...66 “Preconference Call for Papers: Algorithms, Automation and Politics” International Communication Association, accessed Aug. 2, 2016, http...moments. 82 Stephanie K. Pell, “Systematic Government Access to Private-Sector Data in the United States,” International Data Privacy Law 2 (2012): 245

  6. Standard operating procedures for female orgasmic disorder: consensus of the International Society for Sexual Medicine

    NARCIS (Netherlands)

    Laan, Ellen; Rellini, Alessandra H.; Barnes, Tricia

    2013-01-01

    As the field of sexual medicine evolves, it is important to continually improve patient care by developing contemporary "standard operating procedures" (SOPs), reflecting the consensus view of experts in sexual medicine. Few, if any, consensus SOPs have been developed for the diagnosis and treatment

  7. 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.

  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. Mentally disordered criminal offenders in the Swedish criminal system.

    Science.gov (United States)

    Svennerlind, Christer; Nilsson, Thomas; Kerekes, Nóra; Andiné, Peter; Lagerkvist, Margareta; Forsman, Anders; Anckarsäter, Henrik; Malmgren, Helge

    2010-01-01

    Historically, the Swedish criminal justice system conformed to other Western penal law systems, exempting severely mentally disordered offenders considered to be unaccountable. However, in 1965 Sweden enforced a radical penal law abolishing exceptions based on unaccountability. Mentally disordered offenders have since then been subjected to various forms of sanctions motivated by the offender's need for care and aimed at general prevention. Until 2008, a prison sentence was not allowed for offenders found to have committed a crime under the influence of a severe mental disorder, leaving forensic psychiatric care the most common sanction in this group. Such offenders are nevertheless held criminally responsible, liable for damages, and encumbered with a criminal record. In most cases, such offenders must not be discharged without the approval of an administrative court. Two essentially modern principles may be discerned behind the "Swedish model": first, an attempted abolishment of moral responsibility, omitting concepts such as guilt, accountability, atonement, and retribution, and, second, the integration of psychiatric care into the societal reaction and control systems. The model has been much criticized, and several governmental committees have suggested a re-introduction of a system involving the concept of accountability. This review describes the Swedish special criminal justice provisions on mentally disordered offenders including the legislative changes in 1965 along with current proposals to return to a pre-1965 system, presents current Swedish forensic psychiatric practice and research, and discusses some of the ethical, political, and metaphysical presumptions that underlie the current system. Copyright 2010 Elsevier Ltd. All rights reserved.

  10. Relation of criminal offence of tax evasion and criminal offence of non-payment of withholding tax in Serbian criminal law

    OpenAIRE

    Kulić, Mirko; Milošević, Goran

    2011-01-01

    Countries often resort to tightening of criminal sanctions against those who do not fulfill their tax obligations on time. Instead of more organized undertaking of measures to eliminate the causes of tax crime, Serbia seeks to solve the problem by upgrading the criminal legislation. There are six criminal offences which provide for criminal law protection of public revenues. Among these criminal offences, the central place belongs to the criminal offence of tax evasion and criminal offence of...

  11. Dynamism and the erosion of procedural safeguards in international governance of terrorism

    NARCIS (Netherlands)

    N.T. Ali (Nathanael)

    2015-01-01

    markdownabstractAbstract Contemporary international governance of terrorism reflects a conceptualisation of terrorism as a global public problem that both affects and needs to be responded to by all sectors of global society. Consequently, counter-terrorism has taken the form of proactive risk

  12. Development of internal dose assessment procedure for workers in industries using raw materials containing naturally occurring radioactive materials

    International Nuclear Information System (INIS)

    Choi, Cheol Kyu; KIm, Yong Geon; Ji, Seung Woo; Kim, Kwang Pyo; Koo, Bon Cheol; Chang, Byung Uck

    2016-01-01

    It is necessary to assess radiation dose to workers due to inhalation of airborne particulates containing naturally occurring radioactive materials (NORM) to ensure radiological safety required by the Natural Radiation Safety Management Act. The objective of this study is to develop an internal dose assessment procedure for workers at industries using raw materials containing natural radionuclides. The dose assessment procedure was developed based on harmonization, accuracy, and proportionality. The procedure includes determination of dose assessment necessity, preliminary dose estimation, airborne particulate sampling and characterization, and detailed assessment of radiation dose. The developed dose assessment procedure is as follows. Radioactivity concentration criteria to determine dose assessment necessity are 10 Bq·g-1 for 40K and 1 Bq·g-1 for the other natural radionuclides. The preliminary dose estimation is performed using annual limit on intake (ALI). The estimated doses are classified into 3 groups (<0.1 mSv, 0.1-0.3 mSv, and >0.3 mSv). Air sampling methods are determined based on the dose estimates. Detailed dose assessment is performed using air sampling and particulate characterization. The final dose results are classified into 4 different levels (<0.1 mSv, 0.1-0.3 mSv, 0.3-1 mSv, and >1 mSv). Proper radiation protection measures are suggested according to the dose level. The developed dose assessment procedure was applied for NORM industries in Korea, including coal combustion, phosphate processing, and monazite handing facilities. The developed procedure provides consistent dose assessment results and contributes to the establishment of optimization of radiological protection in NORM industries

  13. Development of internal dose assessment procedure for workers in industries using raw materials containing naturally occurring radioactive materials

    Energy Technology Data Exchange (ETDEWEB)

    Choi, Cheol Kyu; KIm, Yong Geon; Ji, Seung Woo; Kim, Kwang Pyo [College of Engineering, Kyung Hee University, Yongin (Korea, Republic of); Koo, Bon Cheol; Chang, Byung Uck [Korea Institute of Nuclear Safety, Daejeon (Korea, Republic of)

    2016-09-15

    It is necessary to assess radiation dose to workers due to inhalation of airborne particulates containing naturally occurring radioactive materials (NORM) to ensure radiological safety required by the Natural Radiation Safety Management Act. The objective of this study is to develop an internal dose assessment procedure for workers at industries using raw materials containing natural radionuclides. The dose assessment procedure was developed based on harmonization, accuracy, and proportionality. The procedure includes determination of dose assessment necessity, preliminary dose estimation, airborne particulate sampling and characterization, and detailed assessment of radiation dose. The developed dose assessment procedure is as follows. Radioactivity concentration criteria to determine dose assessment necessity are 10 Bq·g-1 for 40K and 1 Bq·g-1 for the other natural radionuclides. The preliminary dose estimation is performed using annual limit on intake (ALI). The estimated doses are classified into 3 groups (<0.1 mSv, 0.1-0.3 mSv, and >0.3 mSv). Air sampling methods are determined based on the dose estimates. Detailed dose assessment is performed using air sampling and particulate characterization. The final dose results are classified into 4 different levels (<0.1 mSv, 0.1-0.3 mSv, 0.3-1 mSv, and >1 mSv). Proper radiation protection measures are suggested according to the dose level. The developed dose assessment procedure was applied for NORM industries in Korea, including coal combustion, phosphate processing, and monazite handing facilities. The developed procedure provides consistent dose assessment results and contributes to the establishment of optimization of radiological protection in NORM industries.

  14. [Grading the level of suspicion in criminal proceedings, restrictions of the proportionality principle and veto options in forensic autopsies].

    Science.gov (United States)

    Czerner, Frank

    2010-01-01

    The article deals with two topics: determination of the necessary level of suspicion for an internal post-mortem examination pursuant to Section 87 (German) Code of Criminal Procedure and options of the family to object to the forensic autopsy. The level of suspicion required in this case is to be regarded as very low, even below that of the initial suspicion, because a detailed opinion as to any third-party fault can only be given after completion of the autopsy. The individual concerned does not have a right to oppose a forensic autopsy while still alive. The same applies to the family. Other than in clinical autopsies, the interest in prosecution is to be considered the higher good to be protected, because at the time of deciding a homicide cannot be ruled out and only an internal examination can furnish the necessary evidence. Consequently, it is appropriate. Contrary to the opinion often expressed in the literature, one cannot infer from the provisions of Sections 87 subs. 4, 33 subs. 3 Code of Criminal Procedure and Section 103 subs. 3 Basic Law that the family of the deceased has a right to be informed or heard. This can only be changed by the legislator in an amendment to the autopsy law.

  15. Tax penalties : minor criminal charges?

    NARCIS (Netherlands)

    Baron, J.; Poelmann, Eric

    2017-01-01

    In European Court of Human Rights (ECtHR) 15 November 2016, No. 24130/11 and 29758/11, (A. and B. v. Norway) the Jussila-doctrine was repeated once again. The ECtHR seems to have taken the next step in the discussion whether the criminal-head guarantees of Article 6 ECHR and other fundamental rights

  16. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  17. 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.

  18. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

    The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

  19. 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.

  20. Animal poisoning - veterinary-medical and criminal-legal aspects

    Directory of Open Access Journals (Sweden)

    Aleksić Jelena

    2014-01-01

    Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

  1. Background of the system analysis of crime prevention of properties of criminality

    Directory of Open Access Journals (Sweden)

    Валерій Федорович Оболенцев

    2016-01-01

    Full Text Available Raising of problem. Socio-economic processes in Ukraine in the last years require scientific researches which would become the proper theoretical subsoil of reformation of the law-enforcement system. Actuality of theme. Consider perspective a system method in researches of criminology. The analysis of the systems of law-enforcement sphere to this time remains actually not developed. An analysis of the last publications is in this sphere. Researches, where on principles of system method prevention of criminality would be examined, in domestic criminology relatively a bit. O. E. Manokha in dissertation in criminology did an author expound the analysis of «Systems results it system criminology to the analysis in number high-quality indexes of criminality in Ukraine for period 1972 - 1995 y., showed the system of its connections with practice of prevention of crimes. O. Frolova. on principles of the systems exposed practice of criminal punishments in Ukraine. Author  specified that efficiency them separate kinds are not identical and system depends on many social factors. Purpose of the article. The аim of article is to presents the results of a systematic analysis of the formal procedures prevent crime in Ukraine. Exposition of basic material. The purpose of crime prevention as an artificial system is defined as the absence of crime - penal violations of existing social relations, preservation of the latter. Purpose of the system of crime prevention - keeping people from violating the legitimate social relations, blockades or start a potential criminal activity. For a system of crime prevention functions can be considered a means of keeping the population from criminal acts and termination initiated criminal attacks. The problem of crime prevention system - inconsistency functions, parameters and structure of the system to its destination. Context of the system of crime prevention - a modern Ukrainian society. Virtual border crime prevention

  2. A GUI Prototype for the Framework of Criminal Judicial Reasoning System

    OpenAIRE

    Thammaboosadee, Sotarat; Silparcha, Udom

    2009-01-01

    This paper proposed a developed graphical user interface (GUI) prototype, whichis supported by the framework of data mining techniques-based criminal judicial reasoning system.The GUI sequences of the prototype are satisfied with criminal judicial procedure in civil lawsystem. Initially, user must build the model by input the existing incident and specifying the detail ofobjects, elements of crime, charge and judgment. After enough training, the prototype will be readyto determine judgments f...

  3. Opportunities for international cooperation in nuclear accident preparedness and management: Procedural and organizational measures

    International Nuclear Information System (INIS)

    Lathrop, J.

    1989-01-01

    In this paper we address a difficult problem: How can we create and maintain preparedness for nuclear accidents? Our research has shown that this can be broken down into two questions: (1) How can we maintain the resources and expertise necessary to manage an accident once it occurs? and (2) How can we develop plans that will help in actually managing an accident once it occurs? It is apparently beyond the means of ordinary human organizations to maintain the capability to respond to a rare event. (A rare event is defined as something like an accident that only happens once every five years or so, somewhere in the world.) Other more immediate pressures tend to capture the resources that should, in a cost/benefit sense, be devoted to maintaining the capability. This paper demonstrates that some of the important factors behind that phenomenon can be mitigated by an international body that promotes and enforces preparedness. Therefore this problem provides a unique opportunity for international cooperation: an international organization promoting and enforcing preparedness could help save us from our own organizational failings. Developing useful accident management plans can be viewed as a human performance problem. It can be restated: how can we support and off-load the accident managers so that their tasks are more feasible? This question reveals the decision analytic perspective of this paper. That is, we look at the problem managing a nuclear accident by focusing on the decision makers, the accident managers: how do we create a decision frame for the accident managers to best help them manage? The decision frame is outlined and discussed. 9 refs

  4. Criminal characteristics of a group of primary criminals diagnosed with aspd: approach to criminal recidivis

    Directory of Open Access Journals (Sweden)

    R. Larrotta-Castillo

    Full Text Available Abstract Introduction: Antisocial personality disorder (ASPD is commonly associated with the risk of criminal recidivism. Knowing more about the factors associated with this pattern of behaviour can help with the design of effective prevention strategies. The purpose of this article is to establish if there are differences in socio-criminogenic variables of a group of criminals sentenced for the first time and with APSD compared to another group of first-time offenders who do not present this disorder. Materials and methods: Analytical observation study of 70 men classified into 2 groups according to the presence of ASPD TPA (n=47; age: 29.98±7.8 years or absence of ASPD (n=23; age: 32.35±8.7 years. Results: The inmates with ASPD showed higher frequencies of current consumption of psychoactive substances (31.9%, criminal associations and simultaneous use of psychoactive substances (70.2%, having committed the crime under the effects of a psychoactive substance (55.3%, not having the possibility of distancing themselves from criminal associations (83% and a lack of legal resources for proceedings for defence and release (76.6%. Discussion: This sample contains a group of variables called dynamic that are more commonly present amongst first time offenders with ASPD; said variables have been associated as major predictors of recidivism. Given that they are regarded as dynamic, they may well be modifiable.

  5. An international comparison of regulatory organizations and licensing procedures for new nuclear power plants

    International Nuclear Information System (INIS)

    Bredimas, Alexandre; Nuttall, William J.

    2008-01-01

    This paper considers measures needed to license new nuclear power plants efficiently. We base our analysis on international standards and a comparison of the national regulatory and licensing framework in seven countries (Canada, France, Germany, Japan, Switzerland, the UK and the USA). We split the review into the organization of regulatory responsibilities and the licensing process. We propose a set of considerations that should be incorporated into national solutions. While conscious of the different cultural fundamentals of each region, we hope this paper will help fuel an emerging debate on this highly topical issue

  6. Comparison of fully internally and strongly contracted multireference configuration interaction procedures

    Science.gov (United States)

    Sivalingam, Kantharuban; Krupicka, Martin; Auer, Alexander A.; Neese, Frank

    2016-08-01

    Multireference (MR) methods occupy an important class of approaches in quantum chemistry. In many instances, for example, in studying complex magnetic properties of transition metal complexes, they are actually the only physically satisfactory choice. In traditional MR approaches, single and double excitations are performed with respect to all reference configurations (or configuration state functions, CSFs), which leads to an explosive increase of computational cost for larger reference spaces. This can be avoided by the internal contraction scheme proposed by Meyer and Siegbahn, which effectively reduces the number of wavefunction parameters to their single-reference counterpart. The "fully internally contracted" scheme (FIC) is well known from the popular CASPT2 approach. An even shorter expansion of the wavefunction is possible with the "strong contraction" (SC) scheme proposed by Angeli and Malrieu in their NEVPT2 approach. Promising multireference configuration interaction formulations (MRCI) employing internal contraction and strong contraction have been reported by several authors. In this work, we report on the implementation of the FIC-MRCI and SC-MRCI methodologies, using a computer assisted implementation strategy. The methods are benchmarked against the traditional uncontracted MRCI approach for ground and excited states of small molecules (N2, O2, CO, CO+, OH, CH, and CN). For ground states, the comparison includes the "partially internally contracted" MRCI based on the Celani-Werner ansatz (PC-MRCI). For the three contraction schemes, the average errors range from 2% to 6% of the uncontracted MRCI correlation energies. Excitation energies are reproduced with ˜0.2 eV accuracy. In most cases, the agreement is better than 0.2 eV, even in cases with very large differential correlation contributions as exemplified for the d-d and ligand-to-metal charge transfer transitions of a Cu [NH 3 ] 4 2 + model complex. The benchmark is supplemented with the

  7. The Execution of Criminal Fine Penalty

    Directory of Open Access Journals (Sweden)

    Cosmin Peneoașu

    2014-05-01

    Full Text Available This paper aims at dissecting the criminal provisions on criminal enforcement of fines in current Romanian criminal law with the goal of highlighting the new penal policy stated in the larger field of criminal penalties. In the new Criminal Code the fine penalty experience a new regulation, but also a wider scope compared to the Criminal Code from 1968, with an exponential growth of the number of offenses or variations of them, for which a fine may be imposed as a unique punishment, but, especially, as an alternative punishment to imprisonment. Consequently, to ensure the efficiency of this punishment, the effective enforcement manner of the fine takes a new dimension. The study aims both students and academics or practitioners in the making. Furthermore, throughout the approach of this scientific research, new matters that new criminal legislation brings, are emphasized regarding this institution, both in a positive, and especially under a critical manner.

  8. Understanding criminal behavior: Empathic impairment in criminal offenders.

    Science.gov (United States)

    Mariano, Melania; Pino, Maria Chiara; Peretti, Sara; Valenti, Marco; Mazza, Monica

    2017-08-01

    Criminal offenders (CO) are characterized by antisocial and impulsive lifestyles and reduced empathy competence. According to Zaki and Ochsner, empathy is a process that can be divided into three components: mentalizing, emotional sharing and prosocial concern. The aim of our study was to evaluate these competences in 74 criminal subjects compared to 65 controls. The CO group demonstrated a lower ability in measures of mentalizing and sharing, especially in recognizing the mental and emotional states of other people by observing their eyes and sharing other people's emotions. Conversely, CO subjects showed better abilities in prosocial concern measures, such as judging and predicting the emotions and behavior of other people, but they were not able to evaluate the gravity of violations of social rules as well as the control group. In addition, logistic regression results show that the higher the deficits in the mentalizing component are, the higher the probability of committing a crime against another person. Taken together, our results suggest that criminal subjects are able to judge and recognize other people's behavior as right or wrong in a social context, but they are not able to recognize and share the suffering of other people.

  9. The Japanese Criminal Thinking Inventory: Development, Reliability, and Initial Validation of a New Scale for Assessing Criminal Thinking in a Japanese Offender Population.

    Science.gov (United States)

    Kishi, Kaori; Takeda, Fumi; Nagata, Yuko; Suzuki, Junko; Monma, Takafumi; Asanuma, Tohru

    2015-11-01

    Using a sample of 116 Japanese men who had been placed under parole/probationary supervision or released from prison, the present study examined standardization, reliability, and validation of the Japanese Criminal Thinking Inventory (JCTI) that was based on the short form of the Psychological Inventory of Criminal Thinking Styles (PICTS), a self-rating instrument designed to evaluate cognitive patterns specific to criminal conduct. An exploratory factor analysis revealed that four dimensions adequately captured the structure of the JCTI, and the resultant 17-item JCTI demonstrated high internal consistency. Compared with the Japanese version of the Buss-Perry Aggression Questionnaire (BAQ), the JCTI showed a favorable pattern of criterion-related validity. Prior criminal environment and drug abuse as the most recent offense also significantly correlated with the JCTI total score. Overall, the JCTI possesses an important implication for offender rehabilitation as it identifies relevant cognitive targets and assesses offender progress. © The Author(s) 2014.

  10. Emotional intelligence and criminal behavior.

    Science.gov (United States)

    Megreya, Ahmed M

    2015-01-01

    A large body of research links criminality to cognitive intelligence and personality traits. This study examined the link between emotional intelligence (EI) and criminal behavior. One hundred Egyptian adult male offenders who have been sentenced for theft, drug dealing or murder and 100 nonoffenders were administered the Bar-On Emotional Quotient Inventory (EQ-i). The offenders had lower levels of EI than the nonoffenders. In addition, EI varied as a function of the types of offenses. Namely, it decreased in magnitude with crime severity (lowest for murder, higher for drug dealing, and highest for theft). These results converged with the direct/ indirect aggression theory suggesting that indirect aggression requires more social intelligence than physical aggression. Forensic intervention programs should therefore include EI training, especially when violence is involved. © 2014 American Academy of Forensic Sciences.

  11. Figures of criminal offences that are committed through mass media

    Directory of Open Access Journals (Sweden)

    Mirvete Uka

    2016-03-01

    Full Text Available The rapid development of information technology created endless possibilities for the information and communication between people in the world. This made possible that within few seconds information could be elaborated. In the meantime that freedom of speech and opinion are protected with all international conventions and laws, this freedom and together with it also the possibilities and actual standards endanger to put in service of the persons which in one form or another, damage the general interest. The study seeks to explain cases, forms and methods of how the presence in media can be misused. Based in the Criminal Code of Republic of Kosovo there are the range of criminal offenses which can be committed through mass communication in general and sometimes also through more serious media, written or electronic. The major number of them has to do with such acts that help terrorism, encourage race and religious hatred and in different forms, the use of children for pornography, risking in this manner the greater values of humanism anywhere in the world. The fact of abolition of special dispositions for criminal offenses that are committed through media does not mean that the danger from committing these acts does not exist. It is based in the fact that criminal responsibility lays directly on the crime committer and not on the director or publisher of certain media, in the meantime the last ones should be careful not to be in the service of crime instigators by giving space to publication.

  12. Plea bargaining as a third route of criminal law in the fight against organized administrative corruption

    Directory of Open Access Journals (Sweden)

    Marcelo Rodrigues da Silva

    2017-03-01

    Full Text Available The purpose of this article is to examine whether the plea bargaining in the context of “Lava Jato” Operation is adopting a third route of criminal law against administrative corruption, in which reparation of damages is established as one of the primary objectives of criminal prosecution, in substitution or mitigation of the restrictive sentence of the collaborating defendants. Subsequent to this analysis, it is intended to reflect if the adoption of a third route of criminal law by means of these negotiating instruments could imply in the utilitarian mercantilization of the criminal process prejudicial to the principle of criminal legality, proportionality and isonomy in the application of the punishment. This is a necessary and pertinent analysis due to the protagonism that the plea-bargaining have been assuming in the discovery of great corruption schemes in Brazil and the recovery of assets. The procedural methodology is the bibliographic and the method of approach is the hypothetico-deductive one, besides the case study involving “Lava Jato” operation. The hypothesis worked out is that the award-winning collaboration agreements have externalized a third-way criminal law and that there is a viability of violations of isonomy and criminal legality in fight against administrative corruption.

  13. Born criminal? Differences in structural, functional and behavioural lateralization between criminals and noncriminals.

    Science.gov (United States)

    Savopoulos, Priscilla; Lindell, Annukka K

    2018-02-15

    Over 100 years ago Lombroso [(1876/2006). Criminal man. Durham: Duke University Press] proposed a biological basis for criminality. Based on inspection of criminals' skulls he theorized that an imbalance of the cerebral hemispheres was amongst 18 distinguishing features of the criminal brain. Specifically, criminals were less lateralized than noncriminals. As the advent of neuroscientific techniques makes more fine-grained inspection of differences in brain structure and function possible, we review criminals' and noncriminals' structural, functional, and behavioural lateralization to evaluate the merits of Lombroso's thesis and investigate the evidence for the biological underpinning of criminal behaviour. Although the body of research is presently small, it appears consistent with Lombroso's proposal: criminal psychopaths' brains show atypical structural asymmetries, with reduced right hemisphere grey and white matter volumes, and abnormal interhemispheric connectivity. Functional asymmetries are also atypical, with criminal psychopaths showing a less lateralized cortical response than noncriminals across verbal, visuo-spatial, and emotional tasks. Finally, the incidence of non-right-handedness is higher in criminal than non-criminal populations, consistent with reduced cortical lateralization. Thus despite Lombroso's comparatively primitive and inferential research methods, his conclusion that criminals' lateralization differs from that of noncriminals is borne out by the neuroscientific research. How atypical cortical asymmetries predispose criminal behaviour remains to be determined.

  14. The debate on expanding criminal law towards upper class criminality and minimal criminal law

    Directory of Open Access Journals (Sweden)

    Julio César Montáñez-Ruiz

    2010-06-01

    Full Text Available Hoy en día el debate sobre la pregunta de cuáles conflictos sociales deben ser castigados desde la óptica de la política criminal aún continúa. La batalla para imponer un particular discurso de criminalidad está relacionada con el hecho de que el marco de la criminalización depende del legislador que refleja la expansión punitiva. El propósito de este artículo es discutir sobre la lucha entre modelos de criminalización, los cuales, de una parte, tienden a la aplicación del sistema criminal persiguiendo a la criminalidad de las clases poderosas y, de otra, buscan el criterio de intervención mínima para prevenir la excesiva intervención del derecho penal.

  15. Expertise as evidence in criminal proceedings from the Communist period until nowadays

    Directory of Open Access Journals (Sweden)

    Saimir Fekolli

    2015-07-01

    Full Text Available During their procedural activity, investigative and judicial bodies have the pressing need to make use of special knowledge in different scientific fields of technique and science in order to resolve outstanding issues related to the subject of verification, which the law has defined as subject of expertise in criminal trial. Experts’ opinion is conceived and implemented as a particular means of verification; experts help in discovering the facts that are important to finding out the truth in criminal proceedings. In addition, they ascertain the facts and give an opinion on them, as a result of specific skills they have in the field of technique, science or culture. Experts and the process conducted by them were given importance in the legislation of the Communist era particularly with the drafting of the Code of Criminal Procedure of 1979 which provides in considerable detail both the functions and the importance of expertise to resolve a criminal case. Furthermore, nowadays expertise as evidence in criminal proceedings is becoming increasingly important and is emerging, especially in view of developments in the field of Technique and Science since many criminals are very good at using innovations as a priority means for escaping detection and punishment. But on the other hand, scientific developments are increasingly cooperating with law and justice institutions to resolve the events and to provide assistance for achieving quality results in a shorter time, something that probably was unthinkable before.

  16. The Rise of the Autonomous Cyber Criminal

    OpenAIRE

    Rogers, Marcus

    2015-01-01

    Are we on the threshold of a new evolution of cyber crime? There has been numerous discussions and SciFi themes that have centered around truly autonomous online criminal behavior. This talk will look at the myths and realities surrounding the potential for automated systems to turn to the "dark side" and become uber cyber criminals, and what if anything we can do to prevent or at least detect this type of criminal behavior.

  17. A multiscale MD-FE model of diffusion in composite media with internal surface interaction based on numerical homogenization procedure.

    Science.gov (United States)

    Kojic, M; Milosevic, M; Kojic, N; Kim, K; Ferrari, M; Ziemys, A

    2014-02-01

    Mass transport by diffusion within composite materials may depend not only on internal microstructural geometry, but also on the chemical interactions between the transported substance and the material of the microstructure. Retrospectively, there is a gap in methods and theory to connect material microstructure properties with macroscale continuum diffusion characteristics. Here we present a new hierarchical multiscale model for diffusion within composite materials that couples material microstructural geometry and interactions between diffusing particles and the material matrix. This model, which bridges molecular dynamics (MD) and the finite element (FE) method, is employed to construct a continuum diffusion model based on a novel numerical homogenization procedure. The procedure is general and robust for evaluating constitutive material parameters of the continuum model. These parameters include the traditional bulk diffusion coefficients and, additionally, the distances from the solid surface accounting for surface interaction effects. We implemented our models to glucose diffusion through the following two geometrical/material configurations: tightly packed silica nanospheres, and a complex fibrous structure surrounding nanospheres. Then, rhodamine 6G diffusion analysis through an aga-rose gel network was performed, followed by a model validation using our experimental results. The microstructural model, numerical homogenization and continuum model offer a new platform for modeling and predicting mass diffusion through complex biological environment and within composite materials that are used in a wide range of applications, like drug delivery and nanoporous catalysts.

  18. A multiscale MD–FE model of diffusion in composite media with internal surface interaction based on numerical homogenization procedure

    Science.gov (United States)

    Kojic, M.; Milosevic, M.; Kojic, N.; Kim, K.; Ferrari, M.; Ziemys, A.

    2014-01-01

    Mass transport by diffusion within composite materials may depend not only on internal microstructural geometry, but also on the chemical interactions between the transported substance and the material of the microstructure. Retrospectively, there is a gap in methods and theory to connect material microstructure properties with macroscale continuum diffusion characteristics. Here we present a new hierarchical multiscale model for diffusion within composite materials that couples material microstructural geometry and interactions between diffusing particles and the material matrix. This model, which bridges molecular dynamics (MD) and the finite element (FE) method, is employed to construct a continuum diffusion model based on a novel numerical homogenization procedure. The procedure is general and robust for evaluating constitutive material parameters of the continuum model. These parameters include the traditional bulk diffusion coefficients and, additionally, the distances from the solid surface accounting for surface interaction effects. We implemented our models to glucose diffusion through the following two geometrical/material configurations: tightly packed silica nanospheres, and a complex fibrous structure surrounding nanospheres. Then, rhodamine 6G diffusion analysis through an aga-rose gel network was performed, followed by a model validation using our experimental results. The microstructural model, numerical homogenization and continuum model offer a new platform for modeling and predicting mass diffusion through complex biological environment and within composite materials that are used in a wide range of applications, like drug delivery and nanoporous catalysts. PMID:24578582

  19. 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.

  20. The costs associated with adverse event procedures for an international HIV clinical trial determined by activity-based costing.

    Science.gov (United States)

    Chou, Victoria B; Omer, Saad B; Hussain, Hamidah; Mugasha, Christine; Musisi, Maria; Mmiro, Francis; Musoke, Philippa; Jackson, J Brooks; Guay, Laura A

    2007-12-01

    To determine costs for adverse event (AE) procedures for a large HIV perinatal trial by analyzing actual resource consumption using activity-based costing (ABC) in an international research setting. The AE system for an ongoing clinical trial in Uganda was evaluated using ABC techniques to determine costs from the perspective of the study. Resources were organized into cost categories (eg, personnel, patient care expenses, laboratory testing, equipment). Cost drivers were quantified, and unit cost per AE was calculated. A subset of time and motion studies was performed prospectively to observe clinic personnel time required for AE identification. In 18 months, there were 9028 AEs, with 970 (11%) reported as serious adverse events. Unit cost per AE was $101.97. Overall, AE-related costs represented 32% ($920,581 of $2,834,692) of all study expenses. Personnel ($79.30) and patient care ($11.96) contributed the greatest proportion of component costs. Reported AEs were predominantly nonserious (mild or moderate severity) and unrelated to study drug(s) delivery. Intensive identification and management of AEs to conduct clinical trials ethically and protect human subjects require expenditure of substantial human and financial resources. Better understanding of these resource requirements should improve planning and funding of international HIV-related clinical trials.

  1. HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions

    OpenAIRE

    Cameron, Edwin; Burris, Scott; Clayton, Michaela

    2008-01-01

    Abstract The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic.

  2. Criminal fisheries practices and their perverse effects in West Africa

    Science.gov (United States)

    Sall, Aliou; Nauen, Cornelia E.

    2017-04-01

    Enforcing sustainable use of natural resources is a challenging task for developing countries, although modern earth observation technologies can help. Exploitation of marine living resources is a very demanding show-case for lessons about the problem as well as for insights into possible remedies. The extent of illegal, unreported and unregulated fishing reaches very high proportions in West Africa and accounts for approximately half of total extractions according to most recent independent research results by the Sea Around Us Project. Based on field research in Senegal and neighbouring countries, we argue that the scale of illegal practices, needs to be classified as criminal and no longer as a fisheries management problem. The perpetrators are mostly international industrial fleets operating across borders alternating between organised crime and activities within legitimate agreements. This makes persecution particularly difficult for under-resourced authorities in developing countries with insufficient means for monitoring, control and surveillance (MCS) and little capacity to use earth observation technology to track exploitation patterns. The net results are firstly significant financial losses for the countries, estimated elsewhere for West African countries except Namibia at US 1.7 billion for the period 2000 to 2010. The perverse social, institutional and environmental effects may even turn out to be more far-reaching. Among these are the reduction of women entrepreneurs in the dynamic local small-scale fishing industry to low-paid labour in industrial processing plants, break down of traditional solidarity chains within the small-scale sector under excessive economic pressure from industrial competition, corruption and other forms of delegitimisation of public institutions and degradation of the marine ecosystems with serious effects on local food security. We discuss these effects in the light of field research carried out mostly in Senegal and

  3. A triangle model of criminality

    OpenAIRE

    Nuno, J.C.; Herrero, M.A.; Primicerio, M.

    2008-01-01

    This paper is concerned with a quantitative model describing the interaction of three sociological species, termed as owners, criminals and security guards, and denoted by X, Y and Z respectively. In our model, Y is a predator of the species X, and so is Z with respect to Y . Moreover, Z can also be thought of as a predator of X, since this last population is required to bear the costs of maintaining Z. We propose a system of three ordinary differential equations to account for the time evolu...

  4. ‘The Very Foundations of Any System of Criminal Justice’: Criminal Responsibility in the Australian Model Criminal Code

    Directory of Open Access Journals (Sweden)

    Arlie Loughnan

    2017-08-01

    Full Text Available The Model Criminal Code (MCC was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’. I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.

  5. Is there any alternative to the confiscation of criminal assets, which is implemented in a criminal proceeding?

    Directory of Open Access Journals (Sweden)

    Lajić Oliver

    2013-01-01

    Full Text Available In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment.

  6. Psycho-Sociological Review of Criminal Thinking Style

    OpenAIRE

    Boduszek, Daniel; Hyland, Philip

    2012-01-01

    Criminal thinking has been long established as a very important predictor of criminal behaviour, however far less research effort has been undertaken to understand what variables can predict the emergence of criminal thinking. Considering the importance of criminal thinking, we feel it necessary to conduct a systematic review of the literature on criminal thinking in order to bring together what is currently known regarding the factors that relate to, and predict, habitual criminal thinking s...

  7. The protection of fundamental human rights in criminal process General report

    NARCIS (Netherlands)

    Brants, C.; Franken, Stijn

    2009-01-01

    This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in

  8. Criminal Misdemeanor: Novels of the Russian Criminal Legislation and Questions of Its Improvement​

    Directory of Open Access Journals (Sweden)

    Yurchenko Irina A.

    2018-03-01

    Full Text Available The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an insignificant act is analyzed, and the category of administrative prejudice is analyzed. The Author justifies the position according to which criminal misdemeanor cannot be a kind of crime of little gravity. It is concluded that a group of crimes with administrative prejudice, regardless of their category, should be classified as a criminal misdemeanor. With regard to this type of socially dangerous acts, the criminal law proposes to use the term “criminal misdemeanor”. An approach is presented to the establishment in the Criminal Code of the Russian Federation of a preferential criminal law regime for criminal misdemeanor: the unpunishable assassination and complicity in such a crime, the absence of aggregate and relapse, if one of the crimes is small, the reduction of the statute of limitations, the recognition of the person who committed such an act is unacceptable.

  9. Mapping Criminal Governance in African Cities | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Mapping Criminal Governance in African Cities. This grant will allow the Institute for Security Studies (ISS), through its Organized Crime and Money Laundering Programme (OCML), to explore the causal links between weak state authority and the emergence of criminal governance ... Profile of crime markets in Dakar.

  10. Criminal Trajectories of White-collar Offenders

    NARCIS (Netherlands)

    van Onna, J.; van der Geest, V.R.; Huisman, W.; Denkers, A.J.M.

    2014-01-01

    Objectives:This article analyzes the criminal development and sociodemographic and criminal profile of a sample of prosecuted white-collar offenders. It identifies trajectory groups and describes their profiles based on crime, sociodemographic, and selection offence characteristics.Methods:The

  11. Child maltreatment and adult criminal behavior: does criminal thinking explain the association?

    Science.gov (United States)

    Cuadra, Lorraine E; Jaffe, Anna E; Thomas, Renu; DiLillo, David

    2014-08-01

    Criminal thinking styles were examined as mediational links between different forms of child maltreatment (i.e., sexual abuse, physical abuse, and physical neglect) and adult criminal behaviors in 338 recently adjudicated men. Analyses revealed positive associations between child sexual abuse and sexual offenses as an adult, and between child physical abuse/neglect and endorsing proactive and reactive criminal thinking styles. Mediation analyses showed that associations between overall maltreatment history and adult criminal behaviors were accounted for by general criminal thinking styles and both proactive and reactive criminal thinking. These findings suggest a potential psychological pathway to criminal behavior associated with child maltreatment. Limitations of the study as well as research and clinical implications of the results are discussed. Copyright © 2014 Elsevier Ltd. All rights reserved.

  12. International system of units traceable results of Hg mass concentration at saturation in air from a newly developed measurement procedure.

    Science.gov (United States)

    Quétel, Christophe R; Zampella, Mariavittoria; Brown, Richard J C; Ent, Hugo; Horvat, Milena; Paredes, Eduardo; Tunc, Murat

    2014-08-05

    Data most commonly used at present to calibrate measurements of mercury vapor concentrations in air come from a relationship known as the "Dumarey equation". It uses a fitting relationship to experimental results obtained nearly 30 years ago. The way these results relate to the international system of units (SI) is not known. This has caused difficulties for the specification and enforcement of limit values for mercury concentrations in air and in emissions to air as part of national or international legislation. Furthermore, there is a significant discrepancy (around 7% at room temperature) between the Dumarey data and data calculated from results of mercury vapor pressure measurements in the presence of only liquid mercury. As an attempt to solve some of these problems, a new measurement procedure is described for SI traceable results of gaseous Hg concentrations at saturation in milliliter samples of air. The aim was to propose a scheme as immune as possible to analytical biases. It was based on isotope dilution (ID) in the liquid phase with the (202)Hg enriched certified reference material ERM-AE640 and measurements of the mercury isotope ratios in ID blends, subsequent to a cold vapor generation step, by inductively coupled plasma mass spectrometry. The process developed involved a combination of interconnected valves and syringes operated by computer controlled pumps and ensured continuity under closed circuit conditions from the air sampling stage onward. Quantitative trapping of the gaseous mercury in the liquid phase was achieved with 11.5 μM KMnO4 in 2% HNO3. Mass concentrations at saturation found from five measurements under room temperature conditions were significantly higher (5.8% on average) than data calculated from the Dumarey equation, but in agreement (-1.2% lower on average) with data based on mercury vapor pressure measurement results. Relative expanded combined uncertainties were estimated following a model based approach. They ranged from 2

  13. Tunnel vision on tunnel vision? An preliminary examination of the tension between precaution and efficacy in major criminal investigations in the Netherlands

    NARCIS (Netherlands)

    Groenendaal, J.; Helsloot, I.

    2015-01-01

    In scholarly debate on the gravity and prevalence of tunnel vision in criminal investigation procedures, one relevant issue has, thus far, been insufficiently explored; specifically, how have police forces responded to the apparent increased focus on the phenomenon of tunnel vision in criminal

  14. International definition of a point-of-care test in family practice: a modified e-Delphi procedure.

    Science.gov (United States)

    Schols, Angel M R; Dinant, Geert-Jan; Hopstaken, Rogier; Price, Christopher P; Kusters, Ron; Cals, Jochen W L

    2018-01-29

    The use of point-of-care tests (POCTs) in family practice is increasing, and the term POCT is often used in medical literature and clinical practice. Yet, no widely supported definition by several professional fields exists. To reach consensus on an international definition of a POCT in family practice. We performed a modified international e-Delphi procedure of four rounds among expert panel members from different professional backgrounds-family practitioners, laboratory specialists, policymakers, researchers and manufacturers. Of 27 panel members from seven different countries, 26 participated in all rounds. Most panel members were active in POCT research or policymaking and 70% worked in family medicine. After choosing important components, structuring of answers and feedback, the following definition was chosen as the best or second best definition by 81% of panel members: a point-of-care test in family practice is a test to support clinical decision making, which is performed by a qualified member of the practice staff nearby the patient and on any part of the patient's body or its derivatives, during or very close to the time of consultation, to help the patient and physician to decide upon the best suited approach, and of which the results should be known at the time of the clinical decision making. The definition emerging from this study can inform family practitioners, laboratory specialists, policymakers and manufacturers on the most widely supported and recognized definition and could act as a clear starting point for the organization and execution of professional point-of-care testing in family practice worldwide. © The Author(s) 2018. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  15. WITHDRAWAL OF PREVIOUS COMPLAINT. A COMPARISON OF THE OLD AND THE NEW CRIMINAL CODE. PROBLEMS OF COMPARATIVE LAW

    Directory of Open Access Journals (Sweden)

    Alin Sorin NICOLESCU

    2015-07-01

    Full Text Available In criminal law previous complaint has a double legal valence, material and procedural in nature, constituting a condition for criminal liability, but also a functional condition in cases expressly and limitatively provided by law, a consequence of criminal sanction condition. For certain offenses criminal law determines the initiation of the criminal complaint by the introduction of previous complaint by the injured party, without its absence being a question of removing criminal liability. From the perspective of criminal material law conditioning of the existence of previous complaint ,its lack and withdrawal, are regulated by art. 157 and 158 of the New Penal Code, with significant changes in relation to the old regulation of the institution . In terms of procedural aspect , previous complaint is regulated in art. 295-298 of the New Code of Criminal Procedure. Regarding the withdrawal of the previuos complaint, in the case of offenses for which the initiation of criminal proceedings is subject to the existence of such a complaint, we note that in the current Criminal Code this legal institution is regulated separately, representing both a cause for removal of criminal liability and a cause that preclude criminal action. This unilateral act of the will of the injured party - the withdrawal of the previous complaint, may be exercised only under certain conditions, namely: it can only be promoted in the case of the offenses for which the initiation of criminal proceedings is subject to the introduction of a previous complaint; it is made exclusively by the rightholder, by legal representatives or with the consent of the persons required by law for persons lacking legal capacity or having limited legal capacity;it must intervene until giving final judgment and it must represent an express and explicit manifestation. A novelty isrepresented by the possibility of withdrawing previous complaint if the prosecution was driven ex officio, although for

  16. Emergent authority and expert knowledge: psychiatry and criminal responsibility in the UK.

    Science.gov (United States)

    Loughnan, Arlie; Ward, Tony

    2014-01-01

    In the UK context, the rise of the discipline and practice of forensic psychiatry is intimately connected with the concurrent development of principles and practices relating to criminal responsibility. In this article, we seek to chart the relationship between psychiatry and the principles and practices of criminal responsibility in the UK over the early modern, modern and late modern periods. With a focus on claims about authority and expert knowledge around criminal responsibility, we suggest that these claims have been in a state of perpetual negotiation and that, as a result, claims to authority over and knowledge about criminal non-responsibility on the part of psychiatrists and psychiatry are most accurately understood as emergent and contingent. The apparent formalism of legal discourse has tended to conceal the extent to which legal policy has been preoccupied with maintaining the primacy of lay judgments in criminal processes of evaluation and adjudication. While this policy has been somewhat successful in the context of the trial - particularly the murder trial - it has been undermined by administrative procedures surrounding the trial, including those that substitute treatment for punishment without, or in spite of, a formal determination of criminal responsibility. © 2013.

  17. Comparison of Test Procedures and Energy Efficiency Criteria in Selected International Standards & Labeling Programs for Copy Machines, External Power Supplies, LED Displays, Residential Gas Cooktops and Televisions

    Energy Technology Data Exchange (ETDEWEB)

    Zheng, Nina [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Zhou, Nan [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Fridley, David [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States)

    2012-03-01

    This report presents a technical review of international minimum energy performance standards (MEPS), voluntary and mandatory energy efficiency labels and test procedures for five products being considered for new or revised MEPS in China: copy machines, external power supply, LED displays, residential gas cooktops and flat-screen televisions. For each product, an overview of the scope of existing international standards and labeling programs, energy values and energy performance metrics and description and detailed summary table of criteria and procedures in major test standards are presented.

  18. European Criminal Law a! er the Lisbon Treaty, or Europeanization of European law, under the co-responsibility of the Member States

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

    Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.

  19. Procedure for measuring simultaneously the solar and visible properties of glazing with complex internal or external structures.

    Science.gov (United States)

    Gentle, A R; Smith, G B

    2014-10-20

    Accurate solar and visual transmittances of materials in which surfaces or internal structures are complex are often not easily amenable to standard procedures with laboratory-based spectrophotometers and integrating spheres. Localized "hot spots" of intensity are common in such materials, so data on small samples is unreliable. A novel device and simple protocols have been developed and undergone validation testing. Simultaneous solar and visible transmittance and reflectance data have been acquired for skylight components and multilayer polycarbonate roof panels. The pyranometer and lux sensor setups also directly yield "light coolness" in lumens/watt. Sample areas must be large, and, although mainly in sheet form, some testing has been done on curved panels. The instrument, its operation, and the simple calculations used are described. Results on a subset of diffuse and partially diffuse materials with no hot spots have been cross checked using 150 mm integrating spheres with a spectrophotometer and the Air Mass 1.5 spectrum. Indications are that results are as good or better than with such spheres for transmittance, but reflectance techniques need refinement for some sample types.

  20. 32 CFR 635.35 - Procedures.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Procedures. 635.35 Section 635.35 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Victim and Witness Assistance Procedures § 635.35 Procedures. (a) As required by Federal law, Army personnel...

  1. 76 FR 62092 - Filing Procedures

    Science.gov (United States)

    2011-10-06

    ... INTERNATIONAL TRADE COMMISSION Filing Procedures AGENCY: International Trade Commission. ACTION: Notice of issuance of Handbook on Filing Procedures. SUMMARY: The United States International Trade Commission (``Commission'') is issuing a Handbook on Filing Procedures to replace its Handbook on Electronic...

  2. Conflicts of Criminal Jurisdiction in the European Union

    Directory of Open Access Journals (Sweden)

    Frank Zimmermann

    2015-07-01

    Full Text Available Conflicts of criminal jurisdiction between the Member States belong to the most difficult challenges that the European Union has to face in order to establish a true “area of freedom, security and justice”. This article starts with an analysis of the interests that are affected by such conflicts: on the one hand, they are most problematic for the individual because they can lead to repeated or simultaneous proceedings in different Member States and forum shopping by prosecution authorities. What is more, they can even make it impossible to foresee whether and how severely an act will be punished. Thus, essential criminal law and procedure guarantees like ne bis in idem, the principle of legality, the right to a court established by law as well as the right to an effective defence are jeopardised. On the other, the Member States involved often have a legitimate interest in prosecution—or non-prosecution—and risk to spend their financial and personnel resources for ineffective parallel proceedings. In order to avoid conflicts of criminal jurisdiction, various models are conceivable. However, the most convincing one—according to the author’s opinion—builds upon a combination of different elements: a hierarchy of jurisdictional links should form the basis, but it would have to be complemented with provisions allowing for more flexibility in precisely defined circumstances. With this in mind, this article calls for the adoption of an EU regulation in order to solve the most urgent problems arising from conflicts of criminal jurisdiction and makes concrete suggestions as to its drafting.

  3. Rehabilitation and Re-socialization of Criminals in Iranian Criminal Law.

    Science.gov (United States)

    Mollaei, Mohammad; Ghayoomzadeh, Mahmood; Mirkhalili, Seyed Mahmoud

    2018-02-08

    One of the concerns that always remain for the repentant criminal is the condition for his return to society. This concern may be so strong and effective that the criminal may seclude from the society due to the fear of its consequences and may return to crime. Therefore, paying attention to eliminating the social effect of the criminal conviction of criminals can return security to society and return the repentant criminals to normal life. So, all military and social institutions are effective in the re-socialization, in such a way that the re-socialization of criminals requires the provision of social platforms that starts with their own family and expands to society. The main concern of this research is how we can provide the favorable conditions for the re-socialization of repentant criminals that effectively realize the socialization goals. The Islamic Penal Code initiatives in 2013, despite the gaps in this regard, partly help to achieve such goals, but they are not enough. Therefore, the present article focused on the criminals' re-socialization and tried to raise the criminals' re-socialization both socially and criminally. The method was descriptive analytical. The result showed that the Islamic Penal Code, adopted in 2013 on the period of the subsequent effects, needs to be reformed, and the effective social institutions should be raised orderly in such a case.

  4. Personality correlates of criminals: A comparative study between normal controls and criminals

    Science.gov (United States)

    Sinha, Sudhinta

    2016-01-01

    Background: Personality is a major factor in many kinds of behavior, one of which is criminal behavior. To determine what makes a criminal “a criminal,” we must understand his/her personality. This study tries to identify different personality traits which link criminals to their personality. Materials and Methods: In the present study, 37 male criminals of district jail of Dhanbad (Jharkhand) and 36 normal controls were included on a purposive sampling basis. Each criminal was given a personal datasheet and Cattel's 16 personality factors (PFs) scale for assessing their sociodemographic variables and different personality traits. Objective: The objective of this study was to examine the relation between personality traits and criminal behavior, and to determine whether such factors are predictive of future recidivism. Results: Results indicated high scores on intelligence, impulsiveness, suspicion, self-sufficient, spontaneity, self-concept control factors, and very low scores on emotionally less stable on Cattel's 16 PFs scale in criminals as compared with normal. Conclusion: Criminals differ from general population or non criminals in terms of personality traits. PMID:28163407

  5. Criminal tendencies and psychological testing

    Directory of Open Access Journals (Sweden)

    Sobchik L. N.

    2017-04-01

    Full Text Available Methods of psychological diagnostics closer to the psychology main research areas, which involve measuring the accuracy and statistical reliability. A set of methods that includes questionnaires should be complemented with projective tests in which the stimulus material is verbal in nature. The article presents the results of surveys of different groups of persons in conflict with the law, as well as screening tests contingent of youth groups and adolescents. High performance, spontaneously manifested aggressiveness, traits, emotional immaturity, low self-control and primitive-the requirement of the hierarchy of values at statistically significant level are identified in the data psychodiagnostic study, thus allowing to allocate the risk of wrongful conduct and to develop preventive measures of psycho-pedagogical and social nature. Psychological testing is an effective tool in the study of criminal predisposici and gives the key to a science-based approach in the development of preventive measures aimed at reducing crime.

  6. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

    Full Text Available The newly completed Criminal Courts of Justice (CCJ at Parkgate Street in Dublin 8 is the largest courts project undertaken in the history of the Irish State. The design of the heating, ventilation and air conditioning (HVAC systems was based on computer simulated modelling of the build ing to determine the optimum plant selection and operation based on the contract conditions and energy targets. The report will analyse the computer simulated energy targets versus the actual energy consumption and assess the benefit of engineering solutions such as twin-skin facades and heat recovery based on real data. The report will draw conclusions on the real benefit of such systems with in the built environment. In addition to the energy targets, the report will discuss the commission ing processes involved in delivering the energy targets required and the importance of designing metering strategies to enable the data to be collected and analysed.

  7. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  8. Neuroscientific and behavioral genetic information in criminal cases in the Netherlands.

    Science.gov (United States)

    de Kogel, C H; Westgeest, E J M C

    2015-11-01

    In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a 'genetic vulnerability for impulsive aggression', the expectation was expressed that such 'genetic defenses' would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international 'neurolaw literature' the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.

  9. Individuals with bipolar disorder and their relationship with the criminal justice system: a critical review.

    Science.gov (United States)

    Fovet, Thomas; Geoffroy, Pierre Alexis; Vaiva, Guillaume; Adins, Catherine; Thomas, Pierre; Amad, Ali

    2015-04-01

    Bipolar disorder is a severe and prevalent psychiatric disease. Poor outcomes include a high frequency of criminal acts, imprisonments, and repeat offenses. This critical review of the international literature examined several aspects of the complex relationship between individuals with bipolar disorder and the criminal justice system: risk factors for criminal acts, features of bipolar patients' incarceration, and their postrelease trajectories. Publications were obtained from the PubMed and Google Scholar electronic databases by using the following MeSH headings: prison, forensic psychiatry, criminal law, crime, and bipolar disorder. Among patients with bipolar disorder, the frequency of violent criminal acts is higher than in the general population (odds ratio [OR]=2.8, 95% confidence interval [CI]=1.8-4.3). The frequency is higher among patients with bipolar disorder and a comorbid substance use disorder than among those without either disorder (OR=10.1, CI=5.3-19.2). As a result, the prevalence of bipolar disorder among prisoners is high (2%-7%). In prison, patients' bipolar disorder symptoms can complicate their relationship with prison administrators, leading to an increased risk of multiple incarcerations. Moreover, the risk of suicide increases for these prisoners. Criminal acts are common among patients with bipolar disorder and are often associated with problems such as addiction. Thus it is important to improve the diagnosis and treatment of inmates with bipolar disorder.

  10. The threat in Iran and United States of America criminal law

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2017-06-01

    Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

  11. Organising Data Exchange in the Dutch Criminal Justice Chain

    Directory of Open Access Journals (Sweden)

    Philip LANGBROEK

    2009-12-01

    Full Text Available Effective exchange of information in the criminal justice chain is crucial for effective law enforcement, but difficult to achieve. This article describes the case of the development and introduction of electronic data exchange in the Dutch Criminal Justice chain. Basic theories on the introduction of IT in justice organizations are tested by means of qualitative empirical research. Case flow management automation is technically feasible in the criminal justice chain but presupposes willingness of different organizations attached to that chain to adapt working processes for that purpose. The Dutch case shows a relative failure of the development and implementation of an integrated case flow management system for the entire chain (from the police via the public prosecutions office and the courts up to the prison service. It also shows a relative success of connecting xml-based data files to different reference indexes using intelligent agent software. Compared to the intended integrated case flow management system this solution for inter-organizational data exchange is much more simple and flexible because it does not demand a far reaching adaptation of internal organizational routines. It avoids the complexities of justice organizations and simplifies tasks related to data exchange. The data therefore are more accurate and are faster available. The most important advantage however is that risks of failure of development and implementation are reduced.

  12. Panel: challenging criminal charges for HIV transmission and exposure.

    Science.gov (United States)

    Edwardh, Marlys; Adam, Barry; Joncas, Lucie; Clayton, Michaela

    2009-12-01

    Justice Edwin Cameron, of the Constitutional Court of South Africa, served as moderator. He said that this topic was particularly relevant for "an African/Canadian setting" because African countries may use Canadian developments as justification for their efforts to address HIV transmission and exposure through criminal law. Justice Cameron said that Canada is internationally perceived as a human rights-respecting state and, thus, sets an example, particularly for African nations, on how to comply with human rights issues. He added that in this particular case, however, Canada was sending the wrong message. This article contains summaries of the four presentations made during this panel. Marlys Edwardh reviews how the Supreme Court of Canada in Cuerrier interpreted the concepts of "endangering life" and "fraud". Barry Adam discusses the notion of a "duty to disclose" and how this affects HIV prevention. Lucie Joncas examines how the Supreme Court defined "fraud" in Cuerrier and describes a case before the Quebec Court of Appeal which may turn on whether the use of a condom or having a low viral load is considered not to constitute a significant risk of transmission. Finally, Michaela Clayton describes the trend in Southern African countries to adopt laws criminalizing HIV transmission or exposure, and explains that criminalization endangers women's health and lives.

  13. The Criminal justice system in Northern Ireland

    OpenAIRE

    Carr, Nicola

    2017-01-01

    As with any country, crime and justice and the contours of criminal justice have to be situated within the particular historical, social, and political context. Nowhere is this truer than in Northern Ireland, where the criminal justice system that has emerged has been shaped by a violent political conflict which spanned over three decades (from the late 1960s to the late 1990s). In the transition to peace, the reform of criminal justice agencies has been central—to a wider project of state le...

  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. Justifying genetics as a possible legal defence to criminal ...

    African Journals Online (AJOL)

    However, jurisprudence of many criminal cases tends to question whether a person's inherited genes predispose him to violence and further determine his criminal responsibility in law. Under the Nigerian criminal law, the legal test of criminal responsibility is mainly whether the accused person intends the consequence of ...

  16. Methods and manners of interpretation of criminal norms | Assefa ...

    African Journals Online (AJOL)

    The criminal justice system is constituted of criminal norms, institutions and methods, among others. Interpretation of the criminal law is a process that transforms the text of the law into reality. The process is influenced by various factors, such as, the courts' conception of the criminal law, the concept and practice of ...

  17. DRUG PROVISION OF HIV INFECTED CRIMINALS IN INSTITUTIONS OF CRIMINAL-EXECUTIVE SYSTEM OF KRASNODAR REGION

    Directory of Open Access Journals (Sweden)

    I. V. Kalinin

    2017-01-01

    Full Text Available The rapid spread of human immunodeficiency virus (HIV leads not only to loss of health in persons held in penitentiary institutions, but also to an increase in material costs for drug coverage of the infected, causing the deficit in the budget of the Russian Federation.The aim of the study is the investigation of the problems in drug supply of HIV-infected people and to search for their solutions.Materials and methods. The investigation was conducted on the basis of statistic data, medical statements and accounting to reports of the penitentiary medical organization using methods of analysis, documentary observation, grouping and comparison of data.Results and discussion. It has been established that in institutions of the penal system the number of HIV-infected criminals continues to grow rapidly. It has been determined that currently in the criminal-executive system (CES of Kuban’ only 5 classes of antiretroviral drugs out of the 10 classes represented on the Russian pharmacy market are used. Hereby the greatest number of drugs used in prison medical organization for conducting antiretroviral therapy (ARVT, are classified as “Nucleoside reverse transcriptase inhibitors” and “Protease Inhibitors”, and other classes of art drugs are represented by only one international nonproprietary name (raltegravir, enfuvirtide, etravirine. Drug treatment of socially significant infectious diseases is supplied centrally and completely satisfies regional needs. The structure of suppliers has been identified and determined. In 2016 the main suppliers were Joint-stock companies (JSC “National Immunobiological Company” and “R-PHARM”. An acute shortage of drugs for opportunistic infections due to insufficient funding has also been determined. The necessity for urgent replacement of material-technical base in prison pharmacies for compliance with the rules of storage of medicines which can ensure their safety was identified. The imperfection of

  18. Dynamical analysis of a model of social behavior: Criminal vs non-criminal population

    International Nuclear Information System (INIS)

    Abbas, Syed; Tripathi, Jai Prakash; Neha, A.A.

    2017-01-01

    Highlights: • A new social model of interaction between criminal and non-criminal population is proposed • The effect of law enforcement is studied • Many real life situations are analyzed • List of open problems is given for future work. - Abstract: In this paper, we construct a model motivated by the well known predator-prey model to study the interaction between criminal population and non-criminal population. Our aim is to study various possibilities of interactions between them. First we model it using simple predator-prey model, then we modify it by considering the logistic growth of non-criminal population. We clearly deduce that the model with logistic growth is better than classical one. More precisely, the role of carrying capacity on the dynamics of criminal minded population is discussed. Further, we incorporate law enforcement term in the model and study its effect. The result obtained suggest that by incorporating enforcement law, the criminal population reduces from the very beginning, which resembles with real life situation. Our result indicates that the criminal minded population exist as long as coefficient of enforcement l_c does not cross a threshold value and after this value the criminal minded population extinct. In addition, we also discuss the occurrence of saddle-node bifurcation in case of model system with law enforcement. Numerical examples and simulations are presented to illustrate the obtained results.

  19. A Framework for visualization of criminal networks

    DEFF Research Database (Denmark)

    Rasheed, Amer

    networks, network analysis, composites, temporal data visualization, clustering and hierarchical clustering of data but there are a number of areas which are overlooked by the researchers. Moreover there are some issues, for instance, lack of effective filtering techniques, computational overhead......This Ph.D. thesis describes research concerning the application of criminal network visualization in the field of investigative analysis. There are number of way with which the investigative analysis can locate the hidden motive behind any criminal activity. Firstly, the investigative analyst must...... have the ability to understand the criminal plot since a comprehensive plot is a pre-requisite to conduct an organized crime. Secondly, the investigator should understand the organization and structure of criminal network. The knowledge about these two aspects is vital in conducting an investigative...

  20. Criminal sanctions: does imprisonment strategy reduce crimes ...

    African Journals Online (AJOL)

    What works, in our views, is the delivery of appropriate correctional treatment, and ... adult criminal treatment among both Lagos and Enugu prisoners that summarized ... Keywords: Imprisonment, Sanctions, Crimes, Rehabilitation, Recidivism.

  1. Violent and criminal manifestations in dementia patients.

    Science.gov (United States)

    Cipriani, Gabriele; Lucetti, Claudio; Danti, Sabrina; Carlesi, Cecilia; Nuti, Angelo

    2016-05-01

    Although the older adults have been studied as victims of violence, geriatric patients can display violent behavior. The purpose of the present review was to explore the phenomenon of criminal violations and violent acts in people with dementia. The authors used PubMed to search the MEDLINE database and other sources for original research and review articles on criminal and violent manifestation in demented patients combining the terms "criminal manifestation," "violence, aggressive behavior," "homicide," "suicide" and "homicide-suicide" together with "dementia". Possible biomarkers of violence are considered. The present review highlights the risk factors for violence in patients suffering from dementia, and reviews the literature about criminal violations and homicidal/suicidal behavior in this patient group. Geriatr Gerontol Int 2016; 16: 541-549. © 2015 Japan Geriatrics Society.

  2. Are Celebrities Criminally Responsible For Deceptive Advertising?

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    The State Administration for Industry and Commerce recently said it has suggested the addition of an article in the Advertising Law to make celebrities who represent fake products in deceptive advertising criminally responsible for their actions if it is confirmed

  3. Criminal Network Investigation: Processes, Tools, and Techniques

    DEFF Research Database (Denmark)

    Petersen, Rasmus Rosenqvist

    important challenge for criminal network investigation, despite the massive attention it receives from research and media. Challenges such as the investigation process, the context of the investigation, human factors such as thinking and creativity, and political decisions and legal laws are all challenges...... that could mean the success or failure of criminal network investigations. % include commission reports as indications of process related problems .. to "play a little politics" !! Information, process, and human factors, are challenges we find to be addressable by software system support. Based on those......Criminal network investigations such as police investigations, intelligence analysis, and investigative journalism involve a range of complex knowledge management processes and tasks. Criminal network investigators collect, process, and analyze information related to a specific target to create...

  4. Discovering Cartels: Dynamic Interrelationships between Civil and Criminal Antitrust Investigations

    OpenAIRE

    Ghosal, Vivek

    2006-01-01

    This paper focuses on the genesis, taxonomy and timeline of U.S. criminal antitrust investigations, and uses time-series data on enforcement to examine the interrelationships between the various criminal enforcement variables as well as the linkages between criminal and civil enforcement. The key findings are: (1) there appears to be considerable dynamic interplay between the criminal variables. For example, an increase in grand jury investigations or criminal cases initiated or the number of...

  5. THE RIGHT TO REMEDIES IN THE CRIMINAL PROCESS: ABOUT THE CONFIGURATION OF THE APPEAL IN AN ACCUSATORY MODEL. THE APPEAL IN THE MEXICAN NPPC

    Directory of Open Access Journals (Sweden)

    Amaya Arnáiz Serrano

    2018-04-01

    Full Text Available the article discusses the configuration of the appeal in the Criminal Procedure Code of Mexico, verifying if such modeling is in accordance with the constitutional guarantees of the process.

  6. Criminal law and psychology: Connection points

    OpenAIRE

    Drakić Dragiša

    2014-01-01

    In the paper the author discovers and analyzes areas which represent points of connection between criminal law and psychology, the areas in which cooperation between these two fields of science is possible and desirable. This article is divided into several sections. Firstly, the author talks about the emergence of psychology as a science and its definition. In the sections that follow the author offers analysis of initial contact between ways of thinking in primeval criminal law and psycholo...

  7. Colour revolutions: criminal-legal aspect

    Directory of Open Access Journals (Sweden)

    Sergey Alekseyevich Gordeychik

    2015-03-01

    Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

  8. Neurotechnological Behavioural Treatment of Criminal Offenders

    DEFF Research Database (Denmark)

    Ryberg, Jesper; Petersen, Thomas Søbirk

    2013-01-01

    at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen's analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed to be correct, it still does not follow that voluntary rehabilitation schemes...... targeting behaviour beyond the act for which a criminal is convicted are inappropriate....

  9. Protection of honour and dignity in criminal law

    OpenAIRE

    Diāna Hamkova

    2009-01-01

    Annotation As it is not possible to analyze categories „honour” and „dignity” only from one point of view, the research is made in philosophical, legal and bioethical aspects. Legal analysis of corpus delicti – defamation and demeaning of the dignity is made in the research, as well as nuances of protection of honour and dignity in criminal and civil law are analyzed. In order to reach the objective of the research wide range of international regulations is dealt with as well as comparativ...

  10. Problematic issues of improvement of an interaction between an investigator and other participants of criminal proceedings

    Directory of Open Access Journals (Sweden)

    О. С. Луньова

    2015-05-01

    Full Text Available Problem setting. The article considers features of the interaction between an investigator as a representative of the prosecution and other various participants of criminal proceedings including a head of investigation unit, prosecutor, investigative judge and others. The topicality of raised questions in the current article is confirmed by the fact that previously the interaction between an investigator and other participants of criminal proceedings in pre-trial investigation was conducted in terms of the former Criminal Procedural Code of Ukraine (1960. Recent research and publications analysis. Some of questions regarding the interaction between an investigator and other participants of criminal proceedings in pre-trial investigation were examined by Linovskii V. A, Bandurka A. M., Groshevii Y. M., Larin O. M., Loboika L. M., Pogoretskii M. A., Tatarov O. Y., Sheiffer S. A., Golovko L. V., Baulin O. V., Zelenetskii V. S., Yukhno A. A. and others. Paper objective. The main aim of the article is a research of features of the interaction in current circumstances between an investigator and other participants of criminal proceedings including the head of investigation unit. It concerns as well the research of different scientific views regarding the matter and various ideas about improvement of principal norms in the Criminal Procedural Code of Ukraine and other legal acts that regulate the above-mentioned interaction. Paper main body. During the pre-trial investigation the essential question is the interaction between an investigator and a prosecutor who conducts an oversight in criminal proceedings. The current Criminal Procedural Code of Ukraine greatly expanded the full powers of the prosecutor to oversee the compliance of laws during a pre-trial investigation. Only the prosecutor should conduct a procedural supervision in a pre-trial investigation. We believe this procedural possibility limits an investigation independency. The interaction

  11. Cognitive fallacies and criminal investigations.

    Science.gov (United States)

    Ditrich, Hans

    2015-03-01

    The human mind is susceptible to inherent fallacies that often hamper fully rational action. Many such misconceptions have an evolutionary background and are thus difficult to avert. Deficits in the reliability of eye-witnesses are well known to legal professionals; however, less attention has been paid to such effects in crime investigators. In order to obtain an "inside view" on the role of cognitive misconceptions in criminalistic work, a list of fallacies from the literature was adapted to criminalistic settings. The statements on this list were rated by highly experienced crime scene investigators according to the assumed likelihood of these errors to appear and their severity of effect. Among others, selective perception, expectation and confirmation bias, anchoring/"pars per toto" errors and "onus probandi"--shifting the burden of proof from the investigator to the suspect--were frequently considered to negatively affect criminal investigations. As a consequence, the following measures are proposed: alerting investigating officers in their training to cognitive fallacies and promoting the exchange of experiences in peer circles of investigators on a regular basis. Furthermore, the improvement of the organizational error culture and the establishment of a failure analysis system in order to identify and alleviate error prone processes are suggested. Copyright © 2014 Forensic Science Society. Published by Elsevier Ireland Ltd. All rights reserved.

  12. The suspended sentence in German criminal law

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2017-01-01

    Full Text Available From the ancient times until today, criminal law in all countries has provided different criminal sanctions as social control measures. These are court-imposed coercive measures that take away or limit certain rights and freedoms of criminal offenders. Sanctions are applied to natural or legal persons who violate the norms of the legal order and cause damage or endanger other legal goods that enjoy legal protection. In order to effectively protect social values jeopardized by the commission of crime, state legislations prescribe several kinds of criminal sanctions: 1 penalties, 2 precautions, 3 safety measures, 4 penalties for juvenile offenders, and 5 sanctions for legal persons. Penalties are the basic, the oldest and the most important type of criminal sanctions. They are prescribed for the largest number of criminal offences. Imposed instead of or alongside with penalties, warning measures have particularly important role in jurisprudence. Since they were introduced in the system of criminal sanctions in the early 20th century, there has been a notable increase in the application of these measures, particularly in cases involving negligent and accidental offences, and minor offences that do not cause serious consequences, whose perpetrators are not persons with criminal characteristics. Warning measures (suspended sentence are envisaged in all contemporary criminal legislations, including the German legislation. Suspended sentence is a conditional stay of execution of the sentence of imprisonment for a specified time, provided that the convicted person fulfills the imposed obligations and does not commit another criminal offense. Two conditions must be fulfilled for the application of these sanctions: a the formal requirement, which is attached to the sentence of imprisonment; and b the substantive requirement, which implies the court assessment that the application of these sanctions is justified and necessary in a particular case. Many

  13. Administrative prejudgment in the Russian criminal law

    Directory of Open Access Journals (Sweden)

    Akhat Akhnafovich Yunusov

    2015-03-01

    Full Text Available Objective basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparativelegal analysis of this institution as well as the longterm experience in crime investigation to trace the problems and trends of administrative prejudgment and prove the necessity to introduce or to be more precise legalize the administrative prejudgment in the Russian criminal law. Methods the research is based on the general dialectic method of cognition comparative historical formaljuridical methods as well as special and privatelegal methods of research. Results analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code if they are of low or middle gravity and committed intentionally those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchersrsquo opinions are given for and against returning of this institution. Taking into account the criminological indicators the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal including their inclination to immoral and illegal behavior and the crime committed by them. Practical value the theoretical conclusions formulated in the research

  14. Justice In Granting Remission For Corruption Prisoners A Review Of Indonesian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Mispansyah

    2015-08-01

    Full Text Available Abstract Prisoners are entitled to have a reduction in criminal past remission as stipulated in the Indonesian Criminal Justice System still being debated to this day. This research reviews the essence of the implementation of the substantive law in granting remission against inmate corruption cases from the perspective of public and individual interests. The type of research used in this paper is socio-legal research reviewing remission policy from the perspective of the criminal law system with philosophical and statute approach. The outcomes of the research indicate that the implementation of granting remission for corruption prisoners does not provide justice both procedural and substantive does not provide legal expediency and arising imbalance of justice for individuals communities and countries. The need to implement remissions with impartial justice for corruption prisoners in granting remission to be useful for individuals communities and countries.

  15. Language impairments in youths with traumatic brain injury: implications for participation in criminal proceedings.

    Science.gov (United States)

    Wszalek, Joseph A; Turkstra, Lyn S

    2015-01-01

    As many as 30% of incarcerated juveniles have a history of traumatic brain injury (TBI). Moderate or severe TBI is associated with a high risk of impairment in language comprehension and expression, which may have profound effects on juveniles' ability to understand and express themselves in criminal proceedings. In this article, we review common language impairments in youths with TBI and discuss potential effects of these impairments on 3 stages of US criminal proceedings: (1) initial encounter with law enforcement; (2) interrogation and Miranda rights; and (3) competence to undergo trial proceedings. We then describe language assessment tools and procedures that may be helpful in legal contexts. Our aim was to inform clinicians and legal staff working with juvenile defendants with TBI, with the long-term goal of developing empirically based guidelines to ensure that juvenile defendants with TBI can fully and effectively participate in criminal proceedings.

  16. Mistake of Criminal Law and Its Influence on the Classification of Crime

    Science.gov (United States)

    Veresha, Roman V.

    2016-01-01

    The paper examines the characteristics of a mistake of the commitment of crime as an optional feature of the mental state of the crime. The analysis conducted offers an opportunity to state that in international criminal law, a mistake of law, although taken into account, does not generally affect the classification of crime. We uncovered and…

  17. A Qualitative approach to the criminal mobility of burglars: Questioning the "Near Home" hypothesis

    Czech Academy of Sciences Publication Activity Database

    Polišenská, Veronika

    2008-01-01

    Roč. 1, č. 1 (2008), s. 47-59 ISSN 1947-0428. [International Symposium on Evironmental Criminology. Izmir, 17.03.2008-19.03.2008] R&D Projects: GA ČR GA406/07/0261 Institutional research plan: CEZ:AV0Z70250504 Keywords : qualitative approach * burglars * criminal mobility Subject RIV: AN - Psychology

  18. A rare case of large isolated internal iliac artery aneurysm with ureteral obstruction and hydronephrosis: Compression symptoms are limitation for endovascular procedures.

    Science.gov (United States)

    Nenezic, Dragoslav; Tanaskovic, Slobodan; Gajin, Predrag; Ilijevski, Nenad; Novakovic, Aleksandra; Radak, Djordje

    2015-04-01

    In this report, we aim to present a rare case of isolated internal iliac artery aneurysm with associated left ureteric obstruction and consequent hydronephrosis. A 66-year-old male patient was admitted for occasional pain in the lower back that appeared one month earlier. CT arteriography revealed isolated internal iliac artery (diameter 99 mm) with ureteral obstruction, hydroureter and left kidney hydronephrosis occurrence. Aneurysm was resected, after six months the patient was doing well. Bearing in mind that 77% of the patients with isolated internal iliac artery have symptoms caused by aneurysmal compression on adjacent organs, we wanted to highlight that despite the amazing expansion of endovascular procedures in the last decades, its therapeutic effect in isolated internal iliac artery's treatment is to a great extent limited since compression symptoms cannot be solved. Open surgery remains the gold standard for isolated internal iliac artery's treatment considering significant limitations of endovascular procedures due to the inability to eliminate problems caused by compression. © The Author(s) 2014 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

  19. Quantitative determination of conjugated linoleic acid and polyunsaturated fatty acids in milk with C17 as internal marker – Evaluation of different methylation procedures

    DEFF Research Database (Denmark)

    Lashkari, Saman; Jensen, Søren Krogh

    2017-01-01

    in the methylation steps, as they are sensitive to pH changes and oxidation. The present study was carried out to determine the efficiency of different methylation procedures on quantitative determination of conjugated linoleic acid (CLA), PUFA and response of internal standard. The highest response of internal...... standard was observed for boron trifluoride (BF3)/methanol and methanolic HCl followed by NaOCH3, while cis-9, trans-11 CLA, total CLA and PUFA was higher with methanolic HCl followed by NaOCH3 compared with the BF3 method. These data can be useful for quantitating of milk FA....

  20. The Right to Interpretation and Translation in Criminal Proceedings. The Exigencies Imposed by the European Union. National Standards

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2012-08-01

    Full Text Available In the present study we have analysed the right to interpretation and translation in criminal proceedings in accordance with the European Union and national regulations in the matter. From this point of view, we took into consideration EU Directives and the Romanian legal framework in criminal procedural matters (norms provided by the Criminal Procedure Code in force and provisions of the new Criminal Procedure Code. We are going to approach the present topic from a legislative perspective and also in relation to special literature in the matter and jurisprudence solutions. In the special literature from Romania, as far as we know, this topic was not studied before, the present study being one of the first attempts to analyse the national legislation comparing it to the European standards in this matter. We are going to separately analyse the right to interpretation and the right to translation in criminal proceedings. As it will be observed, there are relevant differences among the existing procedural rights and the minimum standards from this field, the presentation of this differences representing an aspect of novelty for the researchers, especially from the perspective of the fact that the European standards must be implemented within the national legislation by October 2013.

  1. nalysis of the criminalization of cybercrime in Spanish-speaking countries

    Directory of Open Access Journals (Sweden)

    Rojas Parra, Jaime Hernán

    2016-12-01

    Full Text Available This article proposes an analysis of the criminalization and prosecution of criminal conduct related to cybercrime in each of the 20 spanish-speaking countries worldwide, as well as the description of the normalization of its laws regarding instruments and international agreements related to the regulation of the use of information technology. This analysis is done from the following three perspectives: study of existing criminal law and force, identification of established computer crime, selection of computer crime with greater penalties and participation of each of the countries investigated in the agreement cybercrime Budapest (as a world reference in this field. It also, offered the tables and graphs comparisons between the countries being studied, whereby countries with major and minor amount of established computer crime and the range of maximum and minimum in each of the same penalty are identified countries.

  2. PROBLEMATIC APPLICATION OF CRIMINAL REVOCATION OF POLITICAL RIGHTS IN PERSPECTIVE OF CORRUPTION LAW

    Directory of Open Access Journals (Sweden)

    Edi As’Adi

    2015-05-01

    Full Text Available The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied.

  3. A Study of personality profile and criminal behavior in substance abusers.

    Science.gov (United States)

    Aggarwal, Atul; Vaish, Supriya; Sharma, D K; Sushil, C S; Usman, Nashat; Sudarsanan, S

    2015-01-01

    The aim of the present study was to study the personality characteristics and criminal behavior in the substance abusers. The role of various sociodemographic variables in substance abusers, which affected their criminal behavior was also studied. Moreover, in the present study, the personality profile of substance users and nonusers was compared using psychoticism, extraversion, and neuroticism (PEN) inventory. A total of 50 consecutive subjects diagnosed as per International Classification of Diseases-10 criteria for substance abuse, fulfilling the inclusive and exclusive criteria were taken. A well-matched control was also assessed to compare the studied subject using a well-designed semi-structured proforma and PEN inventory. Most of the substance abusers were Hindus, married, belonged to 21-30 age group and urban domicile, and were presently unemployed, educated up to middle class, and belonged to lower socioeconomic status. Family history of substance use was significant in the subjects, and the chief substance of use was opioids. Scores for psychoticism and neuroticism, as well as the criminal behavior was significantly higher in studied subjects. Thus, conclusions drawn were that personality characteristics of the substance abusers differed significantly from the control group and second, the number of variables including occupational status, socioeconomic status, family history of substance use, and type of substance of abuse significantly correlated with the criminal behavior in the substance abusers. Identifying these variables can be the first step in the intervention in substance abusers in order to reduce their future criminal behavior.

  4. The Relevance of Criminal Courts in the Global South

    Directory of Open Access Journals (Sweden)

    Pablo Leandro Ciocchini

    2017-12-01

    Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

  5. The Satisfaction of the Right of Justice under the Colombian Peace Process. A Look at Developments in the Field of Criminal Responsibility in the Context of a Peace Process and Current International Standards

    Directory of Open Access Journals (Sweden)

    Beatriz Eugenia Suárez López

    2014-07-01

    Full Text Available With the purpose of comparing the peace agreements that were carried out in Colombia during the decades of the 80s and 90s and the current negotiation process that is taking place in Havana with the farc, the article identifies the lessons of the peace processes selected and discusses their relevance to the negotiation in progress. In particular, the article explicates how the right to justice of the victims, and the amnesties and pardons to members of illegal armed groups, were addressed in the past. Furthermore, the article examines the Legislative Act 1 of 2012, which establishes the so-called ‘Legal Framework for Peace’. Thus, it highlights the possible consequences in regards to international responsibility of the Colombian State and of the perpetrators of international crimes.

  6. Core Competencies or a Competent Core? A Scoping Review and Realist Synthesis of Invasive Bedside Procedural Skills Training in Internal Medicine.

    Science.gov (United States)

    Brydges, Ryan; Stroud, Lynfa; Wong, Brian M; Holmboe, Eric S; Imrie, Kevin; Hatala, Rose

    2017-11-01

    Invasive bedside procedures are core competencies for internal medicine, yet no formal training guidelines exist. The authors conducted a scoping review and realist synthesis to characterize current training for lumbar puncture, arthrocentesis, paracentesis, thoracentesis, and central venous catheterization. They aimed to collate how educators justify using specific interventions, establish which interventions have the best evidence, and offer directions for future research and training. The authors systematically searched Medline, Embase, the Cochrane Library, and ERIC through April 2015. Studies were screened in three phases; all reviews were performed independently and in duplicate. The authors extracted information on learner and patient demographics, study design and methodological quality, and details of training interventions and measured outcomes. A three-step realist synthesis was performed to synthesize findings on each study's context, mechanism, and outcome, and to identify a foundational training model. From an initial 6,671 studies, 149 studies were further reduced to 67 (45%) reporting sufficient information for realist synthesis. Analysis yielded four types of procedural skills training interventions. There was relative consistency across contexts and significant differences in mechanisms and outcomes across the four intervention types. The medical procedural service was identified as an adaptable foundational training model. The observed heterogeneity in procedural skills training implies that programs are not consistently developing residents who are competent in core procedures. The findings suggest that researchers in education and quality improvement will need to collaborate to design training that develops a "competent core" of proceduralists using simulation and clinical rotations.

  7. [Personality disorders, violence and criminal behaviour].

    Science.gov (United States)

    Palmstierna, Tom

    2016-12-06

    Personality disorders, violence and criminal behaviour The importance of personality disorders for violent and criminal behaviour is illustrated by their high prevalence in prison populations. Especially antisocial personality disorder and antisocial personality traits are linked to violence. During diagnostic assessment of personality disorders, violence risk screening is recommended. Cognitive behaviour treatment focused on violent behaviour has some effect in criminal populations, but the antisocial personality traits are resistant to treatment. Evidence for pharmacological treatment of repetitive aggressive behaviour is weak. But, bensodiazepines seem to increase the risk of violent behaviour among patients with personality disorders. Antisocial personality traits diminish over time. This spontaneous decrease can be delayed by comorbidity such as other personality disorder, substance use disorder, psychosis and attention deficit disorders. Therefore it is recommended to actively treat these comorbid conditions.

  8. Conflicts of Jurisdiction in Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Mihail Silviu Pocora

    2015-05-01

    Full Text Available This paper will consider the practical settlement of conflicts of jurisdiction both in relation to the forum for prosecution and transfer of proceedings. The corollary of free movement of people is free movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime requires to be addressed by equipping law enforcement and prosecution authorities with mechanisms to ensure the public interest in the investigation and prosecution of crime is met. The starting point for any consideration is the place where the criminal conduct took place. Sometimes the crime is such that criminal jurisdiction will be fixed - such as theft of property, crimes of violence - where others have an impact or criminal conduct in more than one jurisdiction - drug importation, major transnational drug dealing, human trafficking, terrorism.

  9. Self-conscious emotions and criminal offending.

    Science.gov (United States)

    Tibbetts, Stephen G

    2003-08-01

    This study examined the relation of personality traits--shame-proneness, guilt-proneness, and pride--on offending behavior. Using survey data from a sample of 224 college students, the construct and criterion-related validity of scales of the Shame Proneness Scale, the Test of Self-conscious Affect, and the Personality Feelings Questionnaire-2 were assessed. Regression analyses showed that self-conscious emotions are important in the etiology of criminal offending. Specifically, rated pride was positively correlated with self-reported criminal activity, whereas ratings of guilt were negatively associated with offending. The relation of shame with criminality varied depending on the type of measure used to indicate proneness to shame.

  10. Criminal aspect of injuries in sports

    Directory of Open Access Journals (Sweden)

    Mandarić Sanja

    2016-01-01

    Full Text Available In this paper the concept of sports ethics is defined and attention is directed to kinds of behavior which are not considered as fair play, the general conception of criminal offence as well as the elements of general idea of criminal act, unlawfulness and guilt with special attention paid to the basis on which unlawfulness and delict, and with them, the criminal offence itself are excluded. Consent of the injured party as basis for excluding unlawfulness has been carefully considered, with emphasis on the fact that with accepting to participate is a certain sport an athlete does not consent to be hurt outside the frame which rules of a particular sport imply. The attitude is accepted that with his consent an athlete consented to the possibility for his integrity be endangered, which still does not mean that he consented to be injured indeed, i.e. a difference is recognized between the consequence of endangering and the consequence of injuring protected assets. After that, rules which are applied in certain sports are explained and connected with the acceptance of the injured party, and the stand is taken that acceptance of the injured party excludes existence of criminal deed only in a situation when an injury occurred within the rules of a particular sport. If the injury occurred by breaking the rules of the sport, it would be considered as a criminal act. In conclusion, the stand is taken that it is necessary to fight against all harmful occurrences in sports, including the injuries which occurred due to severe violation of rules which should be applied in a particular sport. It is concluded that consent of the injured party must not be an excuse for not applying criminal justice, if the injury occurred by violation of the rules of a particular sport.

  11. Thematic procedures of the United Nations Commission on human rights and international law : in search of a sense of community

    NARCIS (Netherlands)

    Gutter, Jeroen

    2006-01-01

    This study investigates the so-called "thematic approach" as a method available to the United Nations Commission on Human Rights to take cognizance of and to react upon violations of human rights worldwide. To this end, three different thematic procedures, the Working Group on Enforced or

  12. 41 CFR 301-71.108 - What internal policies and procedures must we establish for travel authorization?

    Science.gov (United States)

    2010-07-01

    ... and procedures must we establish for travel authorization? 301-71.108 Section 301-71.108 Public Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES AGENCY RESPONSIBILITIES 71-AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS Travel Authorization § 301-71.108...

  13. 41 CFR 301-71.309 - What internal policies and procedures must we establish governing travel advances?

    Science.gov (United States)

    2010-07-01

    ... and procedures must we establish governing travel advances? 301-71.309 Section 301-71.309 Public Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES AGENCY RESPONSIBILITIES 71-AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS Accounting for Travel Advances § 301...

  14. 41 CFR 301-71.207 - What internal policies and procedures must we establish for travel reimbursement?

    Science.gov (United States)

    2010-07-01

    ... AGENCY RESPONSIBILITIES 71-AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS Travel Claims for Reimbursement... should submit a travel claim (including whether to use a standard form or an agency form and whether the... and procedures must we establish for travel reimbursement? 301-71.207 Section 301-71.207 Public...

  15. Design of the measurements validation procedure and the expert system architecture for a cogeneration internal combustion engine

    International Nuclear Information System (INIS)

    Barelli, L.; Bidini, G.

    2005-01-01

    A research activity has been initiated to study the development of a diagnostic methodology, for the optimization of energy efficiency and the maximization of the operational time in those conditions, based on artificial intelligence (AI) techniques such as artificial neural network (ANN) and fuzzy logic. The diagnostic procedure, developed specifically for the cogeneration plant located at the Engineering Department of the University of Perugia, must be characterized by a modular architecture to obtain a flexible architecture applicable to different systems. The first part of the study deals with the identifying the principal modules and the corresponding variables necessary to evaluate the module 'health state'. Also the consequent upgrade of the monitoring system is described in this paper. Moreover it describes the structure proposed for the diagnostic procedure, consisting of a procedure for measurement validation and a fuzzy logic-based inference system. The first reveals the presence of abnormal conditions and localizes their source distinguishing between system failure and instrumentation malfunctions. The second provides an evaluation of module health state and the classification of the failures which have possibly occurred. The procedure was implemented in C++

  16. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

  17. Digital forensics digital evidence in criminal investigations

    CERN Document Server

    Marshall, Angus McKenzie

    2009-01-01

    The vast majority of modern criminal investigations involve some element of digital evidence, from mobile phones, computers, CCTV and other devices. Digital Forensics: Digital Evidence in Criminal Investigations provides the reader with a better understanding of how digital evidence complements "traditional" scientific evidence and examines how it can be used more effectively and efficiently in a range of investigations. Taking a new approach to the topic, this book presents digital evidence as an adjunct to other types of evidence and discusses how it can be deployed effectively in s

  18. In vitro Evaluation of the Marginal Fit and Internal Adaptation of Zirconia and Lithium Disilicate Single Crowns: Micro-CT Comparison Between Different Manufacturing Procedures.

    Science.gov (United States)

    Riccitiello, Francesco; Amato, Massimo; Leone, Renato; Spagnuolo, Gianrico; Sorrentino, Roberto

    2018-01-01

    Prosthetic precision can be affected by several variables, such as restorative materials, manufacturing procedures, framework design, cementation techniques and aging. Marginal adaptation is critical for long-term longevity and clinical success of dental restorations. Marginal misfit may lead to cement exposure to oral fluids, resulting in microleakage and cement dissolution. As a consequence, marginal discrepancies enhance percolation of bacteria, food and oral debris, potentially causing secondary caries, endodontic inflammation and periodontal disease. The aim of the present in vitro study was to evaluate the marginal and internal adaptation of zirconia and lithium disilicate single crowns, produced with different manufacturing procedures. Forty-five intact human maxillary premolars were prepared for single crowns by means of standardized preparations. All-ceramic crowns were fabricated with either CAD-CAM or heat-pressing procedures (CAD-CAM zirconia, CAD-CAM lithium disilicate, heat-pressed lithium disilicate) and cemented onto the teeth with a universal resin cement. Non-destructive micro-CT scanning was used to achieve the marginal and internal gaps in the coronal and sagittal planes; then, precision of fit measurements were calculated in a dedicated software and the results were statistically analyzed. The heat-pressed lithium disilicate crowns were significantly less accurate at the prosthetic margins (p0.05); nevertheless CAD-CAM zirconia copings presented the best marginal fit among the experimental groups. As to the thickness of the cement layer, reduced amounts of luting agent were noticed at the finishing line, whereas a thicker layer was reported at the occlusal level. Within the limitations of the present in vitro investigation, the following conclusions can be drawn: the recorded marginal gaps were within the clinical acceptability irrespective of both the restorative material and the manufacturing procedures; the CAD-CAM processing techniques for

  19. Diagnosis of antisocial personality disorder and criminal responsibility

    NARCIS (Netherlands)

    Spaans, M.; Barendregt, M.; Haan, B.; Nijman, H.L.I.; Beurs, E. de

    2011-01-01

    The present study empirically investigates whether personality disorders and psychopathic traits in criminal suspects are reasons for diminished criminal responsibility or enforced treatment in high security hospitals. Recently, the tenability of the claim that individuals with personality disorders

  20. The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

    Directory of Open Access Journals (Sweden)

    Andi Sofyan

    2015-08-01

    Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

  1. Aspects of internal fixation of fractures in porotic bone. Principles, technologies and procedures using locked plate screws.

    Science.gov (United States)

    Perren, S M; Linke, B; Schwieger, K; Wahl, D; Schneider, E

    2005-01-01

    Fractures of the bones of elderly people occur more often and have a more important effect because of a generally diminished ability to coordinate stance and walking. These fractures occur at a lower level of load because of lack of strength of the porotic bone. Prompt recovery of skeletal support function is essential to avoid respiratory and circulatory complications in the elderly. To prevent elderly people from the risks of being bedridden, demanding internal fixation of fractures is required. The weak porotic bone and the high level of uncontrolled loading after internal fixation pose complex problems. A combination of several technical elements of design, application and aftercare in internal fixation are proposed. Internal fixators with locked screws improve the biology and the mechanics of internal fixation. When such fixators are used as elevated splints they may stimulate early callus formation because of their flexibility, the limit of flexibility being set by the demands of resistance and function of the limb. Our own studies of triangulation of locked screws have demonstrated their beneficial effects and unexpected limitations.

  2. Criminal adjudication by state courts under the FDRE constitution ...

    African Journals Online (AJOL)

    ... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

  3. 30 CFR 208.14 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Civil and criminal penalties. 208.14 Section... MANAGEMENT SALE OF FEDERAL ROYALTY OIL General Provisions § 208.14 Civil and criminal penalties. Failure to abide by the regulations in this part may result in civil and criminal penalties being levied on that...

  4. 33 CFR 401.205 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil and criminal penalties. 401... § 401.205 Civil and criminal penalties. (a) If the violation of the Seaway Regulations carries a... criminal proceedings shall not bar the initiation of civil penalty proceedings by the Associate...

  5. On the Issue of the Concept "Coercive Criminality"

    Directory of Open Access Journals (Sweden)

    Pestereva Y. S.

    2014-04-01

    Full Text Available The article deals with the actual problems relating to the concept of coercive criminality. Here is determined the lexical scope of the concept "coercion"; the philosophical and criminal law contents of the researched term are compared; the types of the coercive criminality are determined.

  6. 28 CFR 3.2 - Assistant Attorney General, Criminal Division.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Assistant Attorney General, Criminal... Attorney General, Criminal Division. The Assistant Attorney General, Criminal Division, is authorized to exercise the power and authority of and to perform the functions vested in the Attorney General by the Act...

  7. 33 CFR 1.07-90 - Criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Criminal penalties. 1.07-90... GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-90 Criminal penalties. (a... death. (2) Marine Boards (46 CFR part 4). (3) Violations of port security regulations (33 CFR parts 6...

  8. 32 CFR 635.5 - Police Intelligence/Criminal Information.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Police Intelligence/Criminal Information. 635.5... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals...

  9. 21 CFR 1405.625 - Criminal drug statute.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1405.625 Criminal drug statute. Criminal drug statute means a...

  10. 46 CFR 5.69 - Evidence of criminal liability.

    Science.gov (United States)

    2010-10-01

    ... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

  11. The Productivity of Criminology and Criminal Justice Faculty.

    Science.gov (United States)

    DeZee, Matthew R.

    The scholarly productivity of criminology and criminal justice faculty and programs was investigated. The methodologies that were used to rate journals that publish articles in the criminology/criminal justice field and to select 71 schools with graduate programs in criminology or criminal justice are described. Primary interest focused on…

  12. Mens Rea Principle and Criminal Jurisprudence in Nigeria ...

    African Journals Online (AJOL)

    This paper discusses the possibility or otherwise of the application of the common law doctrine of mens rea in Nigerian criminal jurisprudence. Our study discovers that the relevant provisions of the Criminal Code are exhaustive for considering and deciphering the criminal intent, if any, of an accused in view of conviction ...

  13. Civilisation of Criminal Justice: Restorative Justice amongst other strategies

    NARCIS (Netherlands)

    J.R. Blad (John)

    2013-01-01

    markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

  14. The Inextricable Link between Age and Criminal History in Sentencing

    Science.gov (United States)

    Bushway, Shawn D.; Piehl, Anne Morrison

    2007-01-01

    In sentencing research, significant negative coefficients on age research have been interpreted as evidence that actors in the criminal justice system discriminate against younger people. This interpretation is incomplete. Criminal sentencing laws generally specify punishment in terms of the number of past events in a defendant's criminal history.…

  15. Childhood and Adolescent Predictors of Late Onset Criminal Careers

    Science.gov (United States)

    Zara, Georgia; Farrington, David P.

    2009-01-01

    This study explores the emergence of a criminal career in adulthood. The main hypothesis tested is that late criminal onset (at age 21 or later) is influenced by early factors that delay antisocial manifestations. The Cambridge Study in Delinquent Development (CSDD) was used to examine early determinants of criminal behavior. 400 Inner London…

  16. Combating Rhino Horn Trafficking: The Need to Disrupt Criminal Networks.

    Directory of Open Access Journals (Sweden)

    Timothy C Haas

    Full Text Available The onslaught on the World's wildlife continues despite numerous initiatives aimed at curbing it. We build a model that integrates rhino horn trade with rhino population dynamics in order to evaluate the impact of various management policies on rhino sustainability. In our model, an agent-based sub-model of horn trade from the poaching event up through a purchase of rhino horn in Asia impacts rhino abundance. A data-validated, individual-based sub-model of the rhino population of South Africa provides these abundance values. We evaluate policies that consist of different combinations of legal trade initiatives, demand reduction marketing campaigns, increased anti-poaching measures within protected areas, and transnational policing initiatives aimed at disrupting those criminal syndicates engaged in horn trafficking. Simulation runs of our model over the next 35 years produces a sustainable rhino population under only one management policy. This policy includes both a transnational policing effort aimed at dismantling those criminal networks engaged in rhino horn trafficking-coupled with increases in legal economic opportunities for people living next to protected areas where rhinos live. This multi-faceted approach should be the focus of the international debate on strategies to combat the current slaughter of rhino rather than the binary debate about whether rhino horn trade should be legalized. This approach to the evaluation of wildlife management policies may be useful to apply to other species threatened by wildlife trafficking.

  17. Strategies for Reducing Criminal Violence among Athletes.

    Science.gov (United States)

    Staffo, Donald F.

    2001-01-01

    Discusses the serious problem of criminal violence in the personal lives of athletes, suggesting strategies that physical educators, coaches, and school systems can implement with young athletes which could reduce the incidence and severity of violence later in life (e.g., teaching unconditional respect for others, continually reinforcing social…

  18. Criminal violence and displacement in Mexico

    Directory of Open Access Journals (Sweden)

    Sebastián Albuja

    2014-02-01

    Full Text Available Rampant criminal violence, from direct coercion and physical threats to the erosion of the quality of life and livelihood opportunities, pushes people to move in a variety of ways. Not everyone forced to move has equal access to protection or asylum.

  19. 25 CFR 11.410 - Criminal mischief.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal mischief. 11.410 Section 11.410 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND... he or she: (1) Damages tangible property of another purposely, recklessly, or by negligence in the...

  20. Hyubris as a factor of individual criminal

    Directory of Open Access Journals (Sweden)

    V. V. Surkov

    2014-04-01

    Full Text Available Criminal personality for thousands of years is the object of philosophical research. For philosophical anthropology, in particular, it is important to understand which components of human nature can be regarded as criminal. The term “hubris” that appears in ancient Greek culture, today received its second wind. It is widely used (especially in the West to refer to the human outlook, which provokes too arrogant, defiant behavior, which is a public danger. The term “hubris” is often used in criticism of certain politicians. However, we propose to expand the scope of its application also in other spheres of public life. Іn the history of criminology there are many examples of people with hubris, especially among dangerous criminals. Therefore hubris can be considered as criminogenic factor that requires research and limitations of the society. In another case, there is a situation, by analogy with the term “intoxication of power”, can be called “intoxication of impunity”. This thesis is confirmed by authoritative theories developed in criminology, sociology, psychology too. It is also consistent with some modern philosophical views on the nature of the criminal personality. Analysis of factors that stimulate the emergence and growth of hubris, suggest that most are present in a mass society. It generates anomie (loss of values that щаеут manifests as hubris that can act as criminogenic factor. Therefore, hubris reducing requires changes in the organization of social life.

  1. 17 CFR 14.5 - Criminal conviction.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Criminal conviction. 14.5 Section 14.5 Commodity and Securities Exchanges COMMODITY FUTURES TRADING COMMISSION RULES RELATING TO... felony or of a misdemeanor involving fraud or involving moral turpitude in matters related to the...

  2. The Hispanic Experience of Criminal Justice.

    Science.gov (United States)

    Sissons, Peter L.

    This monograph explores the Hispanic experience of the criminal justice system by examining statistics provided by Federal, State, and local agencies. A review of the literature provides a theoretical perspective from which to view the data. Examination of the first set of data begins with a description of the experiences of Puerto Ricans in the…

  3. Criminal Justice Research Is about People.

    Science.gov (United States)

    Conrad, John P.

    1982-01-01

    Suggests that the Golden Age of criminal justice research has ended with an impending era of austerity. Reviews the work done in the past forty years and recommends a return to the people-oriented research that characterized the Chicago School of the early '20s rather than systems research. (Author/JAC)

  4. Becoming Criminal: The Cultural Politics of Risk

    Science.gov (United States)

    Armstrong, Derrick

    2006-01-01

    At the same time as youth crime in the UK is falling, there has been an increase in the numbers of young people in custody together with an explosion of social policy initiatives aimed at young people deemed to be "at risk" of becoming criminal and focused upon the prevention of future offending and inclusion in mainstream society. This…

  5. Association and Centrality in Criminal Networks

    DEFF Research Database (Denmark)

    Petersen, Rasmus Rosenqvist

    Network-based techniques are widely used in criminal investigations because patterns of association are actionable and understandable. Existing network models with nodes as first class entities and their related measures (e.g., social networks and centrality measures) are unable to capture...

  6. Cyber Forensics Ontology for Cyber Criminal Investigation

    Science.gov (United States)

    Park, Heum; Cho, Sunho; Kwon, Hyuk-Chul

    We developed Cyber Forensics Ontology for the criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data and cyber space. Accordingly, it is difficult to determine relational crime types and collect evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. Thus, we constructed a cyber forensics domain ontology for criminal investigation in cyber space, according to the categories of cyber crime, laws, evidence and information of criminals. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

  7. Establishing a novel single-copy primer-internal intron-spanning PCR (spiPCR) procedure for the direct detection of gene doping.

    Science.gov (United States)

    Beiter, Thomas; Zimmermann, Martina; Fragasso, Annunziata; Armeanu, Sorin; Lauer, Ulrich M; Bitzer, Michael; Su, Hua; Young, William L; Niess, Andreas M; Simon, Perikles

    2008-01-01

    So far, the abuse of gene transfer technology in sport, so-called gene doping, is undetectable. However, recent studies in somatic gene therapy indicate that long-term presence of transgenic DNA (tDNA) following various gene transfer protocols can be found in DNA isolated from whole blood using conventional PCR protocols. Application of these protocols for the direct detection of gene doping would require almost complete knowledge about the sequence of the genetic information that has been transferred. Here, we develop and describe the novel single-copy primer-internal intron-spanning PCR (spiPCR) procedure that overcomes this difficulty. Apart from the interesting perspectives that this spiPCR procedure offers in the fight against gene doping, this technology could also be of interest in biodistribution and biosafety studies for gene therapeutic applications.

  8. Keeping pace with criminals: An extended study of designing patrol allocation against adaptive opportunistic criminals

    OpenAIRE

    Zhang, Chao; Gholami, Shahrzad; Kar, Debarun; Sinha, Arunesh; Jain, Manish; Goyal, Ripple; Tambe, Milind

    2016-01-01

    Game theoretic approaches have recently been used to model the deterrence effect of patrol officers’ assignments on opportunistic crimes in urban areas. One major challenge in this domain is modeling the behavior of opportunistic criminals. Compared to strategic attackers (such as terrorists) who execute a well-laid out plan, opportunistic criminals are less strategic in planning attacks and more flexible in executing well-laid plans based on their knowledge of patrol officers’ assignments. I...

  9. Bribery offences under Vietnamese criminal law in comparision with Swedish and Australian criminal law

    OpenAIRE

    Dao Le, Thu

    2011-01-01

    There have been attempts, all over the world, to address bribery with recourse to criminal law. As many other countries, Vietnam has been doing activities that show the determination of combating and controlling corruption, including strengthening penal provisions in terms of bribery. However, the situation of bribery in Vietnam is still alarming. For Vietnamese law enforcement authorities, criminal provisions concerning bribery are neither adequate nor clear. Analysis starts with bot...

  10. Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine

    Directory of Open Access Journals (Sweden)

    Danielle Ireland-Piper

    2013-09-01

    Full Text Available Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the abuse of rights doctrine in providing a paradigm through which to conceptualise these problems and help protect fair trial rights.

  11. IPERS guidelines for the international peer review service. Second edition. Procedures for conducting independent peer reviews of probabilistic safety assessments

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-10-01

    This publication describes the purposes and the objectives of an International Peer Review Service (IPERS) review. The main objective is first to assess whether important technological and methodological issues in the PSA are treated in an adequate manner and, second, whether specific conclusions and applications of the PSA are supported by the underlying technical analysis in an appropriate way. An important aspect for an IPERS review is the communication and exchange of views between the international experts carrying out the review and the members of the PSA team. This TECDOC is intended to give guidance on how an IPERS review is organized and conducted, it describes the steps needed to prepare the review and it highlights the PSA aspects which should be covered in detail. 30 refs, 1 fig., 2 tabs.

  12. IPERS guidelines for the international peer review service. Second edition. Procedures for conducting independent peer reviews of probabilistic safety assessments

    International Nuclear Information System (INIS)

    1995-10-01

    This publication describes the purposes and the objectives of an International Peer Review Service (IPERS) review. The main objective is first to assess whether important technological and methodological issues in the PSA are treated in an adequate manner and, second, whether specific conclusions and applications of the PSA are supported by the underlying technical analysis in an appropriate way. An important aspect for an IPERS review is the communication and exchange of views between the international experts carrying out the review and the members of the PSA team. This TECDOC is intended to give guidance on how an IPERS review is organized and conducted, it describes the steps needed to prepare the review and it highlights the PSA aspects which should be covered in detail. 30 refs, 1 fig., 2 tabs

  13. On a model of mixtures with internal variables: Extended Liu procedure for the exploitation of the entropy principle

    Directory of Open Access Journals (Sweden)

    Francesco Oliveri

    2016-01-01

    Full Text Available The exploitation of second law of thermodynamics for a mixture of two fluids with a scalar internal variable and a first order nonlocal state space is achieved by using the extended Liu approach. This method requires to insert as constraints in the entropy inequality either the field equations or their gradient extensions. Consequently, the thermodynamic restrictions imposed by the entropy principle are derived without introducing extra terms neither in the energy balance equation nor in the entropy inequality.

  14. OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

    Directory of Open Access Journals (Sweden)

    Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

  15. Il crimine organizzato in Italia: analisi evolutiva

    Directory of Open Access Journals (Sweden)

    Elena Bianchini

    2007-12-01

    Full Text Available In Italy, organized crime presents today some specific characteristics : traditional for the existence of ancient roots from particular regions; new for the kind of illegal activities in which organized crime is involved and which is always changing and spreading making international alliances.In Italy, with specific attention to endogenous crime, the last Report on Crime underlines that “the more structured criminal alliances, such as cosa nostra, ‘ndrangheta, camorra and Apulian organized crime , keep on exerting an effective control effect in their original territories and so they are also a very serious threat for the development of relationships between the social components and also for the economy”. This is an alarming situation which requires urgent, preventive, istitutional and social action. The results from the present research are based on the reading and the analysis of the inaugural addresses of judicial years ( 2000-2007.Aujourd'hui en Italie, la criminalité organisée présente des caractéristiques particulières : traditionnelles, en raison de l'existence d'anciennes racines dans certains contextes régionaux ; nouvelles, à cause de la typologie d'activités illicites accomplies ; expansives, par l'aptitude à tisser des alliances transnationales. À propos de la criminalité endogène, le dernier Rapport sur la Criminalité en Italie souligne que "les associations criminelles les plus structurées, cosa nostra, 'ndrangheta, camorra et criminalité organisée des Pouilles, continuent à exercer une action de contrôle efficace des territoires d'origine et à menacer gravement le développement des relations parmi les différentes composantes sociales et de l'ordre économique". L'analyse ici présentée aussi, concernant les rapports inauguraux des années judiciaires (2000-2007, trace un cadre alarmant qui exige des interventions urgentes à niveau préventif, institutionnel et social.

  16. The reliability and validity of the rating scale of criminal responsibility for mentally disordered offenders.

    Science.gov (United States)

    Cai, Weixiong; Zhang, Qingting; Huang, Fuyin; Guan, Wei; Tang, Tao; Liu, Chao

    2014-03-01

    In China, the criminal responsibility of the mentally disordered offenders is divided into three levels, there are the whole responsibility, diminished responsibility and irresponsibility. According to the Criminal Law, "If a mental disordered patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility." That means there are two standards of assessing criminal responsibility, namely volitional and cognitive capacity. It is as equal as the Mc'Naughton Rule and the Irresistible Impulse Test. But for a long time, the criminal responsibility was assessed mainly by experience because of lacking of standardized assessment instrument. Recently, we have developed "the rating scale of criminal responsibility for mentally disordered offenders (RSCRs)". The scale includes eighteen items, namely criminal motivation, aura before offense, inducement of crime, time and place and object and tool selectivity of crime, emotion during the crime, shirking responsibility after offense, concealing the truth during inquest, camouflage, understanding the nature of the offense, estimating the consequence of the offense, impairment of life ability, impairment of learning or work, impairment of insight, impairment of reality testing, and impairment of self-control. This scale can be applicable for all cases and easy to use. This scale had been tried out in several forensic psychiatry institutes, the Cronbach α of the scale is 0.93, and all items have high correlation with the total score of the scale (r=0.50-0.89). Two factors were extracted by the factorial analysis, and the cumulative squared loading was 68.62%. The scores of the three levels were 9.66 ± 5.11, 26.54 ± 5.21 and 40.08 ± 7.90 respectively and highly significant differences were observed among groups. By establishing discrimination analysis among three levels, classification

  17. Criminal thinking styles and emotional intelligence in Egyptian offenders.

    Science.gov (United States)

    Megreya, Ahmed M

    2013-02-01

    The Psychological Inventory of Criminal Thinking Styles (PICTS) has been applied extensively to the study of criminal behaviour and cognition. Increasingly growing evidence indicates that criminal thinking styles vary considerably among individuals, and these individual variations appear to be crucial for a full understanding of criminal behaviour. This study aimed to examine individual differences in criminal thinking as a function of emotional intelligence. A group of 56 Egyptian male prisoners completed the PICTS and Bar-On Emotional Quotient Inventory (EQ-i). The correlations between these assessments were examined using a series of Pearson correlations coefficients, with Bonferroni correction. General criminal thinking, reactive criminal thinking and five criminal thinking styles (mollification, cutoff, power orientation, cognitive indolence and discontinuity) negatively correlated with emotional intelligence. On the other hand, proactive criminal thinking and three criminal thinking styles (entitlement, superoptimism and sentimentality) did not associate with emotional intelligence. Emotional intelligence is an important correlate of individual differences in criminal thinking, especially its reactive aspects. Practical implications of this suggestion were discussed. Copyright © 2013 John Wiley & Sons, Ltd.

  18. Criminal investigations in child protective services cases: an empirical analysis.

    Science.gov (United States)

    Cross, Theodore P; Chuang, Emmeline; Helton, Jesse J; Lux, Emily A

    2015-05-01

    This study analyzed the frequency and correlates of criminal investigation of child maltreatment in cases investigated by child protective service (CPS), using national probability data from the National Survey of Child and Adolescent Well-Being. Criminal investigations were conducted in slightly more than 25% of cases. Communities varied substantially in percentage criminally investigated. Sexual abuse was the most frequent type of maltreatment criminally investigated followed by physical abuse. Logistic regression results indicated that criminal investigations were more likely when caseworkers perceived greater harm and more evidence; when CPS conducted an investigation rather than an assessment; when a parent or a legal guardian reported the maltreatment; and when cases were located in communities in which CPS and police had a memorandum of understanding (MOU) governing coordination. Most variation between communities in criminal investigation remained unexplained. The findings suggest the potential of MOUs for communities wanting to increase criminal investigation. © The Author(s) 2014.

  19. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

    Directory of Open Access Journals (Sweden)

    Leisy Abrego

    2017-09-01

    Full Text Available During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24.[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016. The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03. The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on

  20. Amendment to the agreement between CERN and Ukraine concerning the granting of the status of Associate Member at CERN Extension of the deadline for the notification of the completion of the internal approval procedures of the agreement by Ukraine

    CERN Document Server

    2015-01-01

    Amendment to the agreement between CERN and Ukraine concerning the granting of the status of Associate Member at CERN Extension of the deadline for the notification of the completion of the internal approval procedures of the agreement by Ukraine

  1. A template-based procedure for determining white matter integrity in the internal capsule early after stroke

    Directory of Open Access Journals (Sweden)

    Matthew A. Petoe

    2014-01-01

    Full Text Available The integrity of descending white matter pathways, measured by fractional anisotropy from DW-MRI, is a key prognostic indicator of motor recovery after stroke. Barriers to translation of fractional anisotropy measures into routine clinical practice include the time required for manually delineating volumes of interest (VOIs, and inter-examiner variability in this process. This study investigated whether registering and then editing template volumes of interest ‘as required’ would improve inter-examiner reliability compared with manual delineation, without compromising validity. MRI was performed with 30 sub-acute stroke patients with motor deficits (mean NIHSS = 11, range 0–17. Four independent examiners manually delineated VOIs for the posterior limbs of the internal capsules on T1 images, or edited template VOIs that had been registered to the T1 images if they encroached on ventricles or basal ganglia. Fractional anisotropy within each VOI and interhemispheric asymmetry were then calculated. We found that 13/30 registered template VOIs required editing. Edited template VOIs were more spatially similar between examiners than the manually delineated VOIs (p = 0.005. Both methods produced similar asymmetry values that correlated with clinical scores with near perfect levels of agreement between examiners. Contralesional fractional anisotropy correlated with age when edited template VOIs were used but not when VOIs were manually delineated. Editing template VOIs as required is reliable, increases the validity of fractional anisotropy measurements in the posterior limb of the internal capsule, and is less time-consuming compared to manual delineation. This approach could support the use of FA asymmetry measures in routine clinical practice.

  2. Transnational Cooperation in Criminal Matters and the Guarantee of a Fair Trial: Approaches to a General Principle

    Directory of Open Access Journals (Sweden)

    Sabine Gless

    2013-09-01

    Full Text Available The right to a fair trial has grown in importance over the past few decades as criminal procedures and human rights law have aligned themselves more and more closely. A core aspect of our current European understanding of a ‘fair criminal trial’ is the so-called ‘equality of arms’, which requires that each party be given a reasonable opportunity to present his case under conditions that do not place him at a substantial disadvantage vis-à-vis his opponent. In cases which affect more than one jurisdiction – either because an alleged crime causes damage in different countries, evidence is located abroad or for some other reason – the accused and his defence lawyer may be left without any such a guarantee in the legal ‘black hole’ between the protections that are normally offered by each of the jurisdictions involved, albeit separately.The situation is not one of a dramatic alteration of legal frameworks; instead, it is the small encroachments caused by transnational cooperation that matter and which can be summed up on the basis that domestic and foreign prosecution authorities have, effectively, closed the circuit between them. These authorities are now embedded in formal networks which would have, for instance, the possibility to forum shop (i.e. to choose the ‘best place’ to prosecute. The emerging EU legal framework that has been built on mutual recognition and installing new central agencies has added to the problems faced by the defence. Moreover, the existing legal regimes designed to protect do not grant ‘equality of arms’ in the space between jurisdictions: national law usually provides few answers and international law, including the likes of the ECHR or the EU Charter on Fundamental Rights, do not offer many solutions, either.This article therefore argues that an aspiring ‘right to a fair trial’ or, rather, an entitlement to equality of arms as a general principle of transnational criminal justice that would

  3. Crime and Young Men: The Role of Arrest, Criminal Experience, and Heterogeneity

    OpenAIRE

    Susumu Imai; Hajime Katayama; Kala Krishna

    2006-01-01

    Using National Youth Survey (NYS) data, we examine the relationship of current criminal activity and past arrests using an ordered probit model with unobserved heterogeneity. Past arrests raise current criminal activity only for the non-criminal type, while past criminal experience raises current criminal activity for both types. Also, the age crime profile peaks at age 18 for non-criminal type individuals, but for criminal type individuals, it continues to rise with age. Past research indica...

  4. Effect of Gold Nanoparticles on Prostate Dose Distribution under Ir-192 Internal and 18 MV External Radiotherapy Procedures Using Gel Dosimetry and Monte Carlo Method

    Directory of Open Access Journals (Sweden)

    Khosravi H.

    2015-03-01

    Full Text Available Background: Gel polymers are considered as new dosimeters for determining radiotherapy dose distribution in three dimensions. Objective: The ability of a new formulation of MAGIC-f polymer gel was assessed by experimental measurement and Monte Carlo (MC method for studying the effect of gold nanoparticles (GNPs in prostate dose distributions under the internal Ir-192 and external 18MV radiotherapy practices. Method: A Plexiglas phantom was made representing human pelvis. The GNP shaving 15 nm in diameter and 0.1 mM concentration were synthesized using chemical reduction method. Then, a new formulation of MAGIC-f gel was synthesized. The fabricated gel was poured in the tubes located at the prostate (with and without the GNPs and bladder locations of the phantom. The phantom was irradiated to an Ir-192 source and 18 MV beam of a Varian linac separately based on common radiotherapy procedures used for prostate cancer. After 24 hours, the irradiated gels were read using a Siemens 1.5 Tesla MRI scanner. The absolute doses at the reference points and isodose curves resulted from the experimental measurement of the gels and MC simulations following the internal and external radiotherapy practices were compared. Results: The mean absorbed doses measured with the gel in the presence of the GNPs in prostate were 15% and 8 % higher than the corresponding values without the GNPs under the internal and external radiation therapies, respectively. MC simulations also indicated a dose increase of 14 % and 7 % due to presence of the GNPs, for the same experimental internal and external radiotherapy practices, respectively. Conclusion: There was a good agreement between the dose enhancement factors (DEFs estimated with MC simulations and experiment gel measurements due to the GNPs. The results indicated that the polymer gel dosimetry method as developed and used in this study, can be recommended as a reliable method for investigating the DEF of GNPs in internal

  5. Effect of Gold Nanoparticles on Prostate Dose Distribution under Ir-192 Internal and 18 MV External Radiotherapy Procedures Using Gel Dosimetry and Monte Carlo Method.

    Science.gov (United States)

    Khosravi, H; Hashemi, B; Mahdavi, S R; Hejazi, P

    2015-03-01

    Gel polymers are considered as new dosimeters for determining radiotherapy dose distribution in three dimensions. The ability of a new formulation of MAGIC-f polymer gel was assessed by experimental measurement and Monte Carlo (MC) method for studying the effect of gold nanoparticles (GNPs) in prostate dose distributions under the internal Ir-192 and external 18MV radiotherapy practices. A Plexiglas phantom was made representing human pelvis. The GNP shaving 15 nm in diameter and 0.1 mM concentration were synthesized using chemical reduction method. Then, a new formulation of MAGIC-f gel was synthesized. The fabricated gel was poured in the tubes located at the prostate (with and without the GNPs) and bladder locations of the phantom. The phantom was irradiated to an Ir-192 source and 18 MV beam of a Varian linac separately based on common radiotherapy procedures used for prostate cancer. After 24 hours, the irradiated gels were read using a Siemens 1.5 Tesla MRI scanner. The absolute doses at the reference points and isodose curves resulted from the experimental measurement of the gels and MC simulations following the internal and external radiotherapy practices were compared. The mean absorbed doses measured with the gel in the presence of the GNPs in prostate were 15% and 8 % higher than the corresponding values without the GNPs under the internal and external radiation therapies, respectively. MC simulations also indicated a dose increase of 14 % and 7 % due to presence of the GNPs, for the same experimental internal and external radiotherapy practices, respectively. There was a good agreement between the dose enhancement factors (DEFs) estimated with MC simulations and experiment gel measurements due to the GNPs. The results indicated that the polymer gel dosimetry method as developed and used in this study, can be recommended as a reliable method for investigating the DEF of GNPs in internal and external radiotherapy practices.

  6. The principle of guilt as a basis for criminal sanctions justification review in the Criminal Law in Serbia

    Directory of Open Access Journals (Sweden)

    Ćorović Emir A.

    2013-01-01

    Full Text Available The principle of guilt is one of the essential principles of criminal law. However, it is a very complex principle. Its content has been presented in this paper particularly referring to a systematic deviation of it in the criminal legislation of the Republic of Serbia. According to the provisions of the article 2 of the Criminal Code of Serbia the principle of guilt is related to punishments and warning measures, while security and educational measures remained beyond its reach. On the other side, The Criminal Code defining a crime offense in the article 14 demands culpability of perpetrator's behavior. It involves a conceptual problem: a possibility is given for criminal sanctions of the principle of guilt, article 2 of the Criminal Code not referring to security and educational measures could be applied for people acting without culpability. It is paradoxical to accept criminal-justice reaction in the form of criminal sanctions regarding people without guilt. According to author of this paper, such a normative solution brings into issue the relevant principle, more precisely its basis, generality and guidance, the qualities that every legal principle should maintain. Of course, deviations of legal principle and the principle of guilt are possible but they must be kept to a minimum. Otherwise, systematic legal principle deviations, in this case the principle of guilt, are not to be tolerated. Connecting the principle of guilt with the system of criminal sanctions opens the debate on voluntarism embodied in the freedom of will and guilt and positivism/determinism embodied in perpetrator's danger and educational neglect within the criminal law. It is over a century discussion in the science of criminal law. The author of the paper concludes criminal-justice reaction in the form of criminal sanction can be justified only of based on the principle of guilt. Otherwise, such a reaction has no place in the criminal law.

  7. Comparison of Test Procedures and Energy Efficiency Criteria in Selected International Standards and Labeling Programs for Clothes Washers, Water Dispensers, Vending Machines and CFLs

    Energy Technology Data Exchange (ETDEWEB)

    Fridley, David; Zheng, Nina; Zhou, Nan

    2010-06-01

    Since the late 1970s, energy labeling programs and mandatory energy performance standards have been used in many different countries to improve the efficiency levels of major residential and commercial equipment. As more countries and regions launch programs covering a greater range of products that are traded worldwide, greater attention has been given to harmonizing the specific efficiency criteria in these programs and the test methods for measurements. For example, an international compact fluorescent light (CFL) harmonization initiative was launched in 2006 to focus on collaboration between Australia, China, Europe and North America. Given the long history of standards and labeling programs, most major energy-consuming residential appliances and commercial equipment are already covered under minimum energy performance standards (MEPS) and/or energy labels. For these products, such as clothes washers and CFLs, harmonization may still be possible when national MEPS or labeling thresholds are revised. Greater opportunity for harmonization exists in newer energy-consuming products that are not commonly regulated but are under consideration for new standards and labeling programs. This may include commercial products such as water dispensers and vending machines, which are only covered by MEPS or energy labels in a few countries or regions. As China continues to expand its appliance standards and labeling programs and revise existing standards and labels, it is important to learn from recent international experiences with efficiency criteria and test procedures for the same products. Specifically, various types of standards and labeling programs already exist in North America, Europe and throughout Asia for products in China's 2010 standards and labeling programs, namely clothes washers, water dispensers, vending machines and CFLs. This report thus examines similarities and critical differences in energy efficiency values, test procedure specifications and

  8. Criminal recidivism in sexual homicide perpetrators.

    Science.gov (United States)

    Hill, Andreas; Habermann, Niels; Klusmann, Dietrich; Berner, Wolfgang; Briken, Peer

    2008-02-01

    Forensic psychiatric reports on 166 sexual homicide perpetrators in Germany were retrospectively analyzed for criminal risk factors. Follow-up information about release and reconvictions from federal criminal records was available for 139 offenders; 90 (64.7%) had been released. The estimated recidivism rate (Kaplan-Meier analyses) for 20 years at risk was 23.1% for sexual and 18.3% for nonsexual violent reoffences. Three men (3.3%) were reconvicted for attempted or completed homicide. Only young age at the time of sexual homicide resulted in higher sexual recidivism, whereas increased nonsexual violent recidivism was related to previous sexual and nonsexual delinquency, psychopathic symptoms, and higher scores in risk assessment instruments. Increased recidivism with any violent reoffence was associated with age-related factors: young age at first sexual offence, at homicide, and at release and duration of detention. The impacts of the results for risk assessment, relapse prevention, and supervision are discussed.

  9. Extraversion, neuroticism, immoral judgment and criminal behaviour.

    Science.gov (United States)

    Addad, M; Leslau, A

    1989-01-01

    The present study examines delinquent behaviour by integrating two approaches until now employed separately: Eysnck's theory linking delinquency to extraversion and neuroticism, and Kohlberg's theory of moral development and its connection to moral behaviour. The study analyzes the relations between extraversion, neuroticism and moral judgment, as well as their independent and/or interactive effect upon the development of anti-social behaviour. The relationships are tested by retrospective measurements of personality traits and moral judgment in three groups: delinquency (N = 203), control (N = 82) and comparative (N = 407) groups. Findings show that criminals are higher than control subjects in neuroticism and immoral judgment but not in extraversion. Similar relationships were found between criminals and the comparative group, with one exception: here extraversion was found to be positively related to delinquency, both independently and interactively with neuroticism. The implications of these results for differential development of anti-social behaviour are discussed.

  10. Crime and criminal justice in Latin America

    Directory of Open Access Journals (Sweden)

    Rodrigo Ghiringhelli de Azevedo

    Full Text Available After a presentation of indicators that allow assessing the degree of democratization of the criminal justice system in the context of democratization process in Latin America, this article points out the discrepancy existing in that domain, in the several instances that make up the justice system, from criminal legislation to the prison system. Examining the specific situation of Brazil and Argentina, problems in the functioning of institutions responsible by crime as well as the increase in crime control are pointed out as factors that cause a growing loss of legitimacy for the system, which is unable to justify its high degree of selectivity and authoritarianism. Some efforts under way to approach that phenomenon are listed. Finally, a few alternatives for institutional improvement are presented, among which the action of social scientists by producing research and analyses, as a crucial instrument to enlarge institutional ability to deal with current social conflict on democratic bases.

  11. Keeping Pace with Criminals: An Extended Study of Designing Patrol Allocation against Adaptive Opportunistic Criminals

    Directory of Open Access Journals (Sweden)

    Chao Zhang

    2016-06-01

    Full Text Available Game theoretic approaches have recently been used to model the deterrence effect of patrol officers’ assignments on opportunistic crimes in urban areas. One major challenge in this domain is modeling the behavior of opportunistic criminals. Compared to strategic attackers (such as terrorists who execute a well-laid out plan, opportunistic criminals are less strategic in planning attacks and more flexible in executing well-laid plans based on their knowledge of patrol officers’ assignments. In this paper, we aim to design an optimal police patrolling strategy against opportunistic criminals in urban areas. Our approach is comprised by two major parts: learning a model of the opportunistic criminal (and how he or she responds to patrols and then planning optimal patrols against this learned model. The planning part, by using information about how criminals responds to patrols, takes into account the strategic game interaction between the police and criminals. In more detail, first, we propose two categories of models for modeling opportunistic crimes. The first category of models learns the relationship between defender strategy and crime distribution as a Markov chain. The second category of models represents the interaction of criminals and patrol officers as a Dynamic Bayesian Network (DBN with the number of criminals as the unobserved hidden states. To this end, we: (i apply standard algorithms, such as Expectation Maximization (EM, to learn the parameters of the DBN; (ii modify the DBN representation that allows for a compact representation of the model, resulting in better learning accuracy and the increased speed of learning of the EM algorithm when used for the modified DBN. These modifications exploit the structure of the problem and use independence assumptions to factorize the large joint probability distributions. Next, we propose an iterative learning and planning mechanism that periodically updates the adversary model. We

  12. Juridical Perspective Of Credit Card Misuse Under Criminal Law A Comparative Study

    Directory of Open Access Journals (Sweden)

    Eka Nugraha

    2015-08-01

    Full Text Available The development of the national economy shows the direction that increasingly integrated with the regional and international economy that can support both a negative and positive impacts. Meanwhile the development of national economy continues to move quickly to the increasingly complex challenges therefore necessary adjustments in economic policies including the banking sector which is expected to be able to improve and strengthen the national economy. Bank as a means that ease people with all benefit is also not released from the weakness. The type of this research is normative for making criminal legislation as an object of study while the approach used tends juridical as a point of reference the theories of law and the rules of law in view of the problem. The outcomes of the research indicate that the efforts should be made to address the misuse of credit cards in the enforcement of the Indonesians criminal law is to formulate the rules of criminal law with a comprehensive pattern of expansion of legal subjects the offender is to enter the legal entity recht persoon as the parties may be subject to liability and formulate formulation of criminal in order to reach the entire modus operandi is being or may develop in the future. Besides the expansion of sanctions should be accompanied by sanction renewal that oriented to the cumulative punishment is retaliation deterrence and development.

  13. GST – the idea and recommendations for the prevention of criminal behaviour

    Directory of Open Access Journals (Sweden)

    Robert Agnew

    2011-12-01

    Full Text Available The article is a presentation of the main assumptions of the General Strain Theory (GST and the possibility to put theory into practice in the field of prevention of criminal behaviour. The GST was created in the ‘90s by Robert Agnew as a continuation of previous structural theories (Merton, Cloward – Ohlin, Cohen. Up to this day it has been widely verified empirically and along with other criminology theories (the theory of social learning/theory of different relations, theory of social control, theories of interaction is both a fundamental but also alternative ground for interpreting social behaviour. Due to its universal assumptions, GST is now being developed also by Polish researchers. In the article are presented the fundamental strategies of prevention of criminal behaviour based on GST and examples of particular programs being carried out in the US and Poland. Pilot studies on building in Poland a pioneer local system of prevention, based on GST, are presented. In the conclusions the authors stress the importance of GST in the genesis of criminal behaviour. The content of this article is therefore a result of an American-Polish cooperation in the field of prevention of criminal behaviour. It seems that international and based on mutual partnership approach is the hallmark of the current stage of the Polish resocialization system development.

  14. Special procedural measures and the protection of human rights General report

    NARCIS (Netherlands)

    Vervaele, J.A.E.

    2009-01-01

    The aim of the general report is to conduct a comparative analysis of the national reports in order to trace transformation processes in domestic criminal justice systems, in particular criminal process, as special procedural measures are introduced to deal with terrorism and organised crime, and to

  15. Transnational Crime Fictions and Argentina's Criminal State

    OpenAIRE

    Caballero, Juan

    2013-01-01

    My dissertation, titled "Transnational Crime Fictions and Argentina's Criminal State," proposes a new understanding of the dictatorship novels of Ricardo Piglia, Juan José Saer, and Manuel Puig grounded in their shared appropriation from popular crime fiction. Across the 1940's, 50's, and 60's, a wide range of popular crime fiction was translated, written, theorized, printed and reprinted in Argentina, and these popular genres grew steadily in readership, visibility, and cultural legitimacy....

  16. DETERMINATION OF POTENTIAL CRIMINALS IN SOCIAL NETWORK

    OpenAIRE

    Ceyhan, Eyüp Burak; Sağıroğlu, Şeref; Cesur, Ramazan; Kermen, Ayten

    2017-01-01

    This paper proposes a new approach to determine potential criminals by performing content analysis on Tweets. The analysis is done with the help of machine learning technologies and big data analysis. In this study, we have utilized from the MLP algorithm. A dataset consisting of 384 words are used to make the classification process. Dataset consist of two classes that are organized crime and cyber-crimes. In the analysis process, date, time, location values of sent twitter sharings are also ...

  17. 12 CFR 1403.11 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

    ... Banks and Banking FARM CREDIT SYSTEM INSURANCE CORPORATION PRIVACY ACT REGULATIONS § 1403.11 Criminal penalties. Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)) makes it a misdemeanor, subject to a... from an agency under false pretenses. Sections 552a(i) (1) and (2) of the Act (5 U.S.C. 552a(i) (1), (2...

  18. Criminal Homicide Because of Blood Feud

    OpenAIRE

    Leyla Cak›c› Gercek; Jale Bafra

    2005-01-01

    Although so much progress going on in every field, the crimes of killing man impelled by blood feud carry on their existance. All jurisprudences and the decisions of the Court of Appeal about the criminal homicides connected with this type of crimes ha- ve been carefully examined. The required measures to prevent that, the criticisms againist the decisions of the Court of Appeal and the factors explained in the decisions of that Co- urt have been determined.

  19. Registered criminality and sanctioning of schizophrenia patients

    DEFF Research Database (Denmark)

    Munkner, Runa; Haastrup, Soeren; Joergensen, Torben

    2009-01-01

    BACKGROUND: Patients with schizophrenia have been shown to have an increased risk of criminality, especially violent crimes. AIMS: The aim of the current study was to describe the pattern of crimes committed by Danish patients with schizophrenia and examine the sanctions given for crimes in relat...... than imprison, individuals with schizophrenia. CONCLUSION: The findings suggest that greater alertness is needed in the judicial system for individuals diagnosed with schizophrenia....

  20. The Relevant Physical Trace in Criminal Investigation

    Directory of Open Access Journals (Sweden)

    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.