Dissertationen zum Thema „Legal, criminal“

FUNDAÇÃO ESCOLA SUPERIOR DO MINISTÉRIO PÚBLICO DE MATO GROSSO DO SUL
Tratar de tema tão relevante como a dimensão constitucional do tribunal do júri, com o fito de, em última instância, mostrar a razão por que se enquadra dentre os direitos fundamentais não é tarefa das mais singelas. É cediço que os direitos fundamentais decorrem de conquistas históricas que devem ser bem compreendidas e valoradas. São características principais dos direitos fundamentais a historicidade, a inalienabilidade, a indisponibilidade, a indivisibilidade e a imprescritibilidade. Não por outra razão, os direitos fundamentais são reputados os direitos básicos de uma sociedade que viva sob a égide do Estado Democrático de Direito, como, à guisa de exemplo, os direitos à vida, à liberdade, à propriedade, ao meio ambiente, à saúde, à educação, à cultura. Neste viés, busca-se, nesta dissertação, resgatar a evolução histórica do tribunal do júri até seu estádio atual, inserido na Constituição Federal de 1988 — a Carta Cidadã —, onde se encontra inserido como garantia fundamental do cidadão. Sem embargo das críticas lançadas contra os julgamentos populares, por decorrência do influxo da cultura positivista-normativa, é certo afirmar que essa instituição resistiu a todos os regimes ditatoriais e subsiste até os dias atuais, sendo o maior exemplo de arena na qual os princípios da ampla defesa e contraditório e da amplitude de defesa são exercitados à exaustão.
Addressing a topic as relevant as the dimension of the constitutional jury trial, aiming, as final instance to show the reason why it falls among the fundamental rights is not the simplest task. It s evident that fundamental rights are the result of historical achievements that must be understood and valued. Its historicity, inalienability, non-availability, indivisibility and imprescriptibility, are the main features of fundamental rights. For no other reason, fundamental rights are deemed basic rights of a society living under the aegis of a democratic state, as, by way of example, the rights to life, liberty, property, environment, health, education, culture. In this way, we seek to, in this work, to rescue the historical evolution of the jury to its current stage, inserted in the Constitution of 1988 - the Citizen Charter - where it is included as a fundamental guarantee of the citizen. Notwithstanding from the criticisms launched against the popular judgments, due to the influence of the positivist-normative culture, it is right to say that this institution has resisted all dictatorial regimes and continues until the present day, being the greatest example of arena in which the principles of contradictory and full defense and range of protection are exercised to exhaustion.

FUNDAÇÃO ESCOLA SUPERIOR DO MINISTÉRIO PÚBLICO DE MATO GROSSO DO SUL
O panorama de nossos dias, onde a criminalidade atingiu índices elevadíssimos, gera uma enorme preocupação na população mundial ante a proliferação de organizações criminosas especializadas em práticas de crimes graves que atingem bem jurídicos e direitos fundamentais como a vida, a paz pública, a liberdade em todas as suas esferas, o meio-ambiente, a saúde pública, a ordem econômica, a probidade administrativa, o voto direto, entre outros direitos. Diante dos ataques a bens jurídicos relevantes, o Estado, como tem se tornado costume, busca uma lei emergencial que possa criar tipos penais para solucionar e acabar com as ações criminosas destas organizações de maneira imediata. Ocorre que, tais normas não tem o poderio para enfraquecer o crime organizado no que diz respeito à sua estrutura financeira e ações delitivas. Com isso, tenta-se incutir nas sociedades a falsa idéia de combate às organizações criminosas de maneira efetiva. É dentro desta realidade que o trabalho inicia-se tratando da origem do crime organizado no Brasil bem como faz a análise das principais organizações criminosas brasileiras. Em seguida, estuda-se a legislação comparada sobre o tema e as diversas leis pátrias que tratam de associações criminosas, em especial a Lei 9.034/95 – Lei do Crime Organizado. A seguir, são realizados estudos de alguns projetos de leis em andamento no Congresso Nacional sobre o tema e uma sugestão de lei de combate ao crime organizado. Por fim, passa-se às considerações finais a cerca do tema a partir de um estudo científico e casuístico da matéria.
The overview of present days, where the criminality reached very high levels, creates a huge preoccupation on the world’s population front of the increase of specialized criminal organizations practicing felonies that reach legal rights and fundamental rights as life. Public peace, freedom in all levels, environment, public health, economical order, administrative integrity, the direct vote and many others are among these rights. Front of the attack on legal significant rights, the State, as it has been usual, searches for an emergency law that may create penal types to solve and end the criminal actions of these organizations in an immediate way. It occurs that such rules do not have the power to weaken the organized crime in its financial structure and outlaw actions. So, it has been tried to infuse in the societies the false idea of combat to the criminal organizations in an effective way. It is inside of this reality that begins the work treating with the origin of organized crime in Brazil as well analyzes the main Brazilian criminal organizations. Right after, it is studied the legislation compared the theme and the many laws that treat the criminal associations, especially Law 9.03495 – Law of Organized Crime. It has also been realized studies of some projects of laws in course in the National Congress about the theme and a suggestion of law to combat the organized crime. At last, final considerations about the theme whereof a scientific and casuistic study of the subject.

Previous research has found that people are able and willing to assess whether an individual is a criminal or a non-criminal based on facial observations. What has not been looked at is whether an attribution of criminality could influence decisions as verdict choice, culpability, or punishment severity. The present study examined the effects of target photos that depicted pre-determined “bad guys” and “good guys” on legal decision-making. Participants viewed a case file of an armed robbery and attempted murder. Half the participants viewed a photo of a defendant who was previously deemed a “bad guy” and the other half a “good guy.” No differences were found in verdict preference; however, target photos of “bad guys” elicited higher estimates of the future likelihood that the defendant would commit this type of crime than target photos of good guys. Results indicate that target photos are perceived congruent to their pre-determined categories, but those perceptions were disregarded and participants based their decisions on other factors when making crucial legal decisions.

In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.

Background: This research study investigates the position of legal interpreting within the England and Wales’ criminal justice system, as well as the status of legal interpreters. This study has been carried out with nine categories of personnel within the criminal justice system, comprising of judges, lawyers, clerks to the justices, magistrates, probation officers, police officers, prison officers, immigration officers and immigration advisory service officers, 186 number in total. Methods: a qualitative method of enquiry is adopted with questionnaires sent to the above categories, which formed the basis of nine questions used in semi-structured interviews with 38 members from the above categories. The categories were not equally represented, depending on access. These interviews have been considered as the major method of investigation. Participant observation is used as an informal method of enquiry for deepening contextualisation of the study. Themes: four main themes have emerged. They are: culture and communication, role and contradictory role of the interpreter, the position of the interpreter and context of interpreting barriers. Findings: the practice of interpreting is misunderstood and undervalued. The interpreter is not considered as an active participant in the legal process. The role of the interpreter is viewed in terms of a mechanical one, since interpreters are expected to interpret word for word without seeking clarifications of unclear utterance or concept. Implications of the study: criminal justice personnel need a deeper understanding of the practice of interpreting and the diverse role of the interpreter. The study highlights the professional status of interpreters. Proposals have been put forward for improvements to the present situation through statutory recognition and protection of title.

Some legal aspects of realization of principle of individual criminal responsibility in international criminal law are discovered in the article
У статті досліджуються певні особливості реалізації принципу індивідуальної кримінальної відповідальності у міжнародному кримінальному праві

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According to Michel Foucault’s studies (or, papers based on Michel Foucault studies), there are no defined limits between legality and illegality; legality and illegality do not necessarily oppose each other; on the contrary, their relationship is useful and functional. Legal system follows the same path that drives economics. Distancing itself from the speech which makes it legitimate, the legal system ends up not accomplishing its social goals, not granting safety and predictability, and not restraining itself. The principle of legality, when applied on everyday situations, ends up being used as a tool to violate rights, which means the opposite of sustaining economic order and safety (legal predictability), leading to vulnerability and unpredictability. That might be the reason why legal system’s legitimacy has been gradually challenged. Tolerance is one way to mitigate the legal system’s inaccuracy. Prior to installing a new criminal policy or before adhering to an already existing one, and, before approving a bill, models (legal prototypes) should be created, which could help to mitigate the effects of the legal system’s inaccuracy as well
Segundo estudos de (e a partir de) Michel Foucault, não há limites rígidos entre ilegalidade e legalidade; legalidade e ilegalidade não se opõem necessariamente; ao contrário, muitas vezes, relacionam-se numa articulação útil, funcional. O Direito segue os mesmos fluxos econômicos e políticos da ordem vigente. Distanciando-se do discurso que o legitima, o Direito não cumpre a sua finalidade de pacificação da sociedade; não confere previsibilidade e segurança; enfim, não se contém. O princípio da legalidade, quando aplicado no dia a dia, revela-se como uma autorização para violar direitos, o que significa o contrário de sustentação da ordem econômica e segurança, mas vulnerabilidade e falta de previsibilidade. É provavelmente por isso que a legitimidade do Direito tem sido gradativamente questionada. Tolerância é uma forma de mitigar os efeitos da inidoneidade do Direito; da mesma forma, protótipos legais antes de instalar uma nova política criminal ou de aderir a uma já existente, ou, antes de aprovar um projeto de lei, também poderia ser uma forma de mitigar os efeitos da inidoneidade do Direito

International criminal courts do not operate to the exclusion of national legal orders, but co-exist with them. The present thesis provides an in-depth analysis of the above relationship. By examining the concepts of primacy and complementarity on the basis of which the ad hoc international criminal Tribunals and the permanent International Criminal Court seize jurisdiction, the foundations of the interface are explored. As effectiveness is a key concept to international criminal justice, the relationship between international criminal courts and national legal systems is tested, by examining the co-operation regimes envisaged in the Statutes of both the Tribunals and the ICC, as well as the problems that arise in practice. Moreover, the way the UN Security Council affects State interplay with international criminal justice institutions is crucial for a holistic understanding of the limitations of the interaction. The final part of the thesis focuses on national incorporation efforts and provides a detailed analysis of implementing legislation of a number of key States with a view to discerning some common approaches and highlighting problem areas. The present thesis argues that despite the different constitutional bases of the Tribunals and the ICC, similar questions of interface with national courts arise and the challenges presented could be better tackled by aiming for a "functional or workable interaction". Overall, the originality of this thesis lies in its analytical approach. By scrutinising a number of crucial aspects of the relationship between international criminal courts and national legal orders an overview of the research question posed is achieved. Moreover, the examination of the legal principles and their practical application is complemented by a comprehensive discussion of national implementing legislation which has not previously been attempted in a similar manner. [Files associated with the accompanying CD-ROM (print version) are available on request to subject librarian.]

The suppression of transnational organised crime has continued to rise on the agenda of the international community and is today an affirmed goal of most states. To increase the effectiveness of suppression, it is necessary for states to cooperate across borders in criminal investigations. The legal regime by which this is done is called mutual legal assistance, MLA, and is one of the most practically important developments in public international law over recent decades. The development however has led to several unanswered questions regarding the position of the individual in the procedure. Those are manifested in three main areas, namely; the requirements for employment of MLA; the application of exceptions and; human rights protection.   This thesis elaborates on and analyses the balance between effectiveness in formal international law enforcement and the protection of fundamental rights in such procedures in the three main ambiguous areas.   The analysis points to the importance of the principle of reciprocity for effective cooperation and argues that the conditions for MLA should not be altered. It argues that the number of exceptions shall be kept at a minimum. However, the efforts to abolish the exception for offences of a political nature should be halted or at least approached with more caution. This is true also of when concerning terrorism offences.   The analysis shows that the protection available to the person whom the MLA request concerns is inadequate. There is an urgent need to reform the system in that respect, in particular by opening channels of complaint.   The final conclusion is that, in light of the unquestionable importance of MLA in the suppression of transnational organised crime, it is possible to make limited reform in the areas of human rights and the guarantee of a right to a fair trial without jeopardising the necessary effectiveness of the system.

Due to the coalition agreement of CDU/CSU and SPD the German Government shall implement a new act on corporate criminal liability before the end of the current election period. After an informal draft from the ministry in lead, the BMJV, was leaked to the public this issue is frequently discussed in the media. The author tries to give an overview on the main items of the draft law, the major concerns against it and the mediating draft of the Munich Concept.

The Criminal Code exempts from criminal liabilityany person when they act with valid consent fromthe holder of the legal asset of free disposal. This exclusion of criminal responsibility raises multiplequestions.Which legal rights can be freely disposed? Is it that all individual legal rights are of free disposal? If that is the case, which legal basis justifies it? Does the holder’s consent means that the behavior is unlawful, or is it a non-criminal behavior?In this paper, the author answers all these questions, emphasizing that, according to the type of State we live in, the legal-criminal rights are protected to allow the self-realization of every person. Based on that, the author maintains that all criminal-legal rights are of free disposal, and that  the  holder’s  consent  is  a non-criminality cause.
El Código Penal exime de responsabilidad penal aquien actúa con consentimiento válido del titular del bien jurídico de libre disposición. Esta eximentetrae múltiples cuestionamientos.¿Qué  bienes  jurídicos  tienen  dicha  naturaleza? ¿Acaso todos los bienes jurídicos individuales sonde libre disposición? De ser ese el caso, ¿cuál sería el fundamento de ello? ¿El consentimiento deltitular implica que la conducta es antijurídica, o estaríamos ante una conducta atípica?En el presente artículo, la autora responde a estas interrogantes resaltando que, en el modelo de Estado en que vivimos, los bienes jurídico-penales se protegen porque se busca la autorrealización del individuo. Sobre la base de ello, la autora sostiene que todos los bienes jurídico-penales individuales son disponibles, siendo el consentimiento una causa de atipicidad de la conducta.

A thesis which explores the possibility of introducing Bayesian probability methods into the criminal justice system, and in doing so, exposing and eradicating some common fallacies. This exposure aims to reduce miscarriages of justice by illustrating that some evidence routinely relied upon by the prosecution, may not have as high a probative value towards its ultimate hypothesis of ‘guilt’ as has been traditionally thought and accepted.

Thesis (M.S.) -- Central Connecticut State University, 2009.
Thesis advisor: Jennifer Hedlund. "... in partial fulfillment of the requirements for the degree of Master of Science in Criminal Justice." Includes bibliographical references (leaves 45-48). Also available via the World Wide Web.

Magister Scientiae Dentium - MSc(Dent)
Bite mark evidence has been admitted into US courts since the 1870s. It quickly gained popularity after the conviction of W.E. Marx in 1974 for manslaughter using primarily bite mark evidence. However, since the development of DNA typing and testing in forensic science, the emergence of wrongful convictions has placed the validity of bite mark evidence admissibility into severe dispute. This mini-thesis is a condensation of the past ten years’ worth of literature on the latest researches regarding bite mark evidence. The theory of the uniqueness of the human dentition is analysed. The accurate reproducibility of bite mark on skin with regard to distortion is discussed. Some bite mark court cases, including wrongful convictions are explored. Inconsistent expert opinions and the lack of standards amongst practitioners are also examined. The aim of this study is to summarize the validity of bite mark evidence in the courts of law.

Nowadays, terrorist crimes are still threatening global security. Since the 21st century, with the rapid development of modern science and technology, such as "Internet +", "big data" and "artificial intelligence", along with the changing political situation of international society, the global distribution of economic benefits, and the global flow of civilization and culture, it has brought about information sharing and a better life in human society. At the same time, it has spawned the form innovation of terrorist crimes. Terrorism is increasingly threatening non-traditional security areas. The non-traditional security theory transcends the concept of national boundaries and the limitations of national sovereignty, and examines the security construction of various countries from the perspective of global security. It focuses on a wider range of fields, a wider vision and a deeper depth, and is a kind of "shared security". Terrorist crimes challenge international authority, national sovereignty and tolerance for crimes, and affect the development of many fields in the world, which belongs to the non-traditional security field. Because of its inherent destructive, violent, dual-purpose, international and decentralized characteristics, for many years, the global defense against terrorist crimes has formed three paths: "war path", "criminal justice path" and "global governance path". From the reality, the path of war is a last resort in the current global counter-terrorism, but it is not worth vigorously promoting. Criminal justice path can effectively reduce the operation cost of counter-terrorism measures, is conducive to the realization of human rights protection, and is the main counter-terrorism means, but it is still insufficient to deal with terrorist crimes, and must be further improved and strengthened. The global governance path is put forward on the basis of effectively eliminating the threats and security problems brought by terrorism on a global scale. It relies on the global countries to form a community of common destiny for all mankind to effectively fight terrorism. Although this goal is far away, it is the fundamental way to completely eliminate terrorism. In the value choice of counter-terrorism, the theory of priority protection of national security and global security has become the main theory from the perspective of non-traditional security. Under the non-traditional security concept, counter-terrorism must first ensure national security, and then pursue individual freedom. Without national security, there is no individual freedom. But at the same time, we should give full consideration to the theory of safeguarding human rights and bottom line justice. The protection of human rights against terrorism from the perspective of non-traditional security must start from three levels: terrorist crimes and human rights protection; the protection of state power and human rights, as well as the protection of terrorists' rights. In a civilized society, even if terrorists are as evil as enemies, they cannot be treated like enemies, but must adhere to the rule of law and guarantee their basic rights. When dealing with terrorist crimes at the international level, we should see that international counter-terrorism faces practical problems such as inadequate legal system, imperfect cooperation mechanism and practical difficulties. By adhering to the main position of the United Nations in counter-terrorism, we should formulate the United Nations Comprehensive Counter-Terrorism Convention and improve the international unified counter-terrorism criminal policy, and finally achieve effective governance of terrorism. At the domestic level, it mainly focuses on the establishment of a comprehensive and effective counter-terrorism mechanism, starting from the counter-terrorism institution building, counter-terrorism platform building and counter-terrorism legal system. The most important thing is to build and perfect the counter-terrorism legal system. By combing our counter-terrorism legal system, we should further polish it from the aspects of defining the basic concepts of terrorism, improving the counter-terrorism substantive law and perfecting the counter-terrorism procedural law. In this process, we must carry out the criminal policy of combining punishment with leniency, and finally realize the balance between security and human rights protection. This thesis is divided into five chapters to study the terrorist crime in the field of non-traditional security, hoping to make a theoretical response to the causes of terrorism, extremism, terrorist crime, terrorist activity crime and the preventive countermeasures in China through such a theoretical review, combing and exploration, especially to provide a useful theoretical reference for the prevention, strike and elimination of such crimes. At the same time, it is also a theoretical clarification of the terrorist crimes, terrorist activities crimes and extremist crimes in the non-traditional security field. Chapter one: this chapter mainly clarifies the relevant concepts, and understands the traditional security theory, non-traditional security theory, terrorism, extremism and separatism from the most basic level; distinguishes terrorist activity crime, terrorist crime and extremist crime, including the discrimination of their concepts, characteristics, types and purposes. More importantly, terrorism, which has been debated over its concepts for a long time, is serious crimes not only endangering the international security, but also endangering the overall national security of China, such as political security, homeland security, military security, economic security, cultural security, social security, network security, science and technology security, information security, ecological security, resource security, nuclear security and so on. The safety of people's lives and property can be ensured only when such crimes are eliminated. The second chapter discusses the causes and harms of terrorist crimes. From the international political level, national religious belief, interest distribution and other perspectives, this chapter analyzes the causes and harms of terrorism. This kind of harm is analyzed from the aspects of international society and domestic society. As far as the harm of international society is concerned, it causes the internal disintegration of the country, causes the internal management of the country out of control, intensifies regional conflicts and wars, people living nowhere, the number of refugees increases sharply, all kinds of serious crimes rise, global economic development slows down, and the number of global crimes increases. As far as the harm of the domestic society is concerned, it intensifies the escalation of national conflicts and the rise of extreme forces, which leads to the instability of social management order, the destruction of social dynamic balance, the general lack of security and trust of the public, the reduction of trust of the whole people, the destruction of social integrity system, and the loss of moral concepts of social groups, which will form the vicious circle of everyone is in danger, or some scholars call it the so-called "mutual harm mode" of modern society. Finally, the terrorist crimes basically spread all over the world, endangering the international political environment and extending to China, resulting in the slow development of domestic economy, the destruction of the inheritance of local cultural system, endangering everyone's own development and individual survival, etc., causing unprecedented disasters in the whole human society, such as environmental degradation, food shortage, water pollution, and trust crisis. Chapter three: expound the value orientation and the path of counter terrorism. The biggest harm of terrorist crime lies in the destruction of global security. Therefore, the value of counter-terrorism in theory is mainly embodied in: the theory of human existence, the theory of international relations, the value theory of priority of global security interests, the theory of dynamic balance between the protection of basic human rights and the strengthening of state power, the theory of principles, rules and systems of international human rights law. Today's "counter-terrorism model" mainly adopts "war model" (military strike), "criminal justice model" (judicial governance) and "global governance model" (social governance) to control, eliminate and combat the spread and frequency of terrorist crimes. However, looking at these models, we can find that the war model basically failed because the United States withdrew its troops from Iraq and other countries, the judicial governance was in the stage of continuous attempt and improvement because of the poor connection of domestic laws of various countries, and the global governance was impressed by various factors among countries, and also became a theoretical system of continuous attempt to break through and improve. At present, the international community has not created a theoretical model that can completely eliminate terrorist crime and terrorist activity crime. Most countries adopt intelligence early warning, rapid elimination, post elimination and other ways to the occurrence of terrorist attacks, in order to effectively control the spread of terrorist extreme ideas, reduce the overall probability of terrorist attacks, and thus continuously weaken the viability of terrorist organizations around the world. Chapter four: the current situation and improvement of international response to terrorist crime. Due to the differences of political ideology and the restriction of interest pattern, the counter-terrorism legal system is not perfect, and it is difficult to form a systematic and effective "international unified criminal code system" or "international unified criminal policy" to regulate international terrorist crimes. In this regard, the international level of the regulation of terrorist crimes should mainly adopt international criminal cooperation, criminal judicial assistance, regional alliances, and other ways (such as the Shanghai Cooperation Organization).Therefore, the conclusion of international conventions is particularly important. Only with legal basis can we realize effective cooperation across national sovereignty. It can not only ensure respect for the sovereignty of all countries, but also help to carry out practical cooperation to deal with terrorist crimes of all countries. Chapter five: expound the path and system construction of dealing with terrorist crime in China. From the perspective of China’s society, it is generally in a period of stable development, but still unable to cope with sudden terrorist attacks. Terrorist attacks happen under the planning of terrorists, so it is urgent to improve the criminal law of China. Over the years, China has preliminarily constructed the main frame of counter-terrorism, and formed a three-dimensional prevention system in the aspects of counter-terrorism stance, counter-terrorism organization setting, counter-terrorism fund control and counter-terrorism Internet supervision. In terms of specific disposal, China has established counter-terrorism organization and platforms, such as information exchange platform, early warning and prevention platform and public division platform. But fighting terrorism according to law is always one of the goals pursued by the rule of law. Although China has established a relatively complete counter-terrorism legal system, the counter-terrorism legislation has certain defects and deficiencies in three aspects: basic concepts, anti-terrorism substantive law and anti-terrorism procedural law. It is found that there are some specific problems in China’s counter-terrorism legislation, such as unclear definition of basic concepts, poor convergence of laws in the field of counter-terrorism substantive law, confusion of identification subject and procedure in the field of counter-terrorism procedural law, confusion of administrative power and criminal investigation power, and poor procedural independence. The definition of the basic concept should strictly abide by the behavior theory of objectivism criminal law, and should be expanded in combination with international practice to cover specific cases from the literal and theoretical extension of the articles. In the field of counter-terrorism substantive law, the power boundary between administrative law and criminal substantive law should be clarified, and legislative conflict of jurisdiction should be solved, strictly implement the concept of modesty of criminal law, and correctly define the specific boundaries between administrative illegal activities and criminal activities, as well as between incriminating and discharging crimes. The choice of procedural legislation of mixed model in the field of counter-terrorism procedural law should conform to the trend of the world, clarify the compartmentalization of subjects, ensure the smooth internal connection of the whole procedure, and establish a special prosecution procedure. At the same time, we insist on using criminal policy of combining punishment with leniency to guide our counter-terrorism practice, and finally realize the balance between counter-terrorism and human rights protection. In a word, based on the complexity of criminal phenomena, the diversity of criminal patterns and the differences of social development patterns, considering the rigor and diversity of the theoretical research of criminal law, we should take a dynamic and open concept to study the criminal law of terrorist crime and terrorist activity crime, and adopt a multi-dimensional research approach.

Nowadays, terrorist crimes are still threatening global security. Since the 21st century, with the rapid development of modern science and technology, such as "Internet +", "big data" and "artificial intelligence", along with the changing political situation of international society, the global distribution of economic benefits, and the global flow of civilization and culture, it has brought about information sharing and a better life in human society. At the same time, it has spawned the form innovation of terrorist crimes. Terrorism is increasingly threatening non-traditional security areas. The non-traditional security theory transcends the concept of national boundaries and the limitations of national sovereignty, and examines the security construction of various countries from the perspective of global security. It focuses on a wider range of fields, a wider vision and a deeper depth, and is a kind of "shared security". Terrorist crimes challenge international authority, national sovereignty and tolerance for crimes, and affect the development of many fields in the world, which belongs to the non-traditional security field. Because of its inherent destructive, violent, dual-purpose, international and decentralized characteristics, for many years, the global defense against terrorist crimes has formed three paths: "war path", "criminal justice path" and "global governance path". From the reality, the path of war is a last resort in the current global counter-terrorism, but it is not worth vigorously promoting. Criminal justice path can effectively reduce the operation cost of counter-terrorism measures, is conducive to the realization of human rights protection, and is the main counter-terrorism means, but it is still insufficient to deal with terrorist crimes, and must be further improved and strengthened. The global governance path is put forward on the basis of effectively eliminating the threats and security problems brought by terrorism on a global scale. It relies on the global countries to form a community of common destiny for all mankind to effectively fight terrorism. Although this goal is far away, it is the fundamental way to completely eliminate terrorism. In the value choice of counter-terrorism, the theory of priority protection of national security and global security has become the main theory from the perspective of non-traditional security. Under the non-traditional security concept, counter-terrorism must first ensure national security, and then pursue individual freedom. Without national security, there is no individual freedom. But at the same time, we should give full consideration to the theory of safeguarding human rights and bottom line justice. The protection of human rights against terrorism from the perspective of non-traditional security must start from three levels: terrorist crimes and human rights protection; the protection of state power and human rights, as well as the protection of terrorists' rights. In a civilized society, even if terrorists are as evil as enemies, they cannot be treated like enemies, but must adhere to the rule of law and guarantee their basic rights. When dealing with terrorist crimes at the international level, we should see that international counter-terrorism faces practical problems such as inadequate legal system, imperfect cooperation mechanism and practical difficulties. By adhering to the main position of the United Nations in counter-terrorism, we should formulate the United Nations Comprehensive Counter-Terrorism Convention and improve the international unified counter-terrorism criminal policy, and finally achieve effective governance of terrorism. At the domestic level, it mainly focuses on the establishment of a comprehensive and effective counter-terrorism mechanism, starting from the counter-terrorism institution building, counter-terrorism platform building and counter-terrorism legal system. The most important thing is to build and perfect the counter-terrorism legal system. By combing our counter-terrorism legal system, we should further polish it from the aspects of defining the basic concepts of terrorism, improving the counter-terrorism substantive law and perfecting the counter-terrorism procedural law. In this process, we must carry out the criminal policy of combining punishment with leniency, and finally realize the balance between security and human rights protection. This thesis is divided into five chapters to study the terrorist crime in the field of non-traditional security, hoping to make a theoretical response to the causes of terrorism, extremism, terrorist crime, terrorist activity crime and the preventive countermeasures in China through such a theoretical review, combing and exploration, especially to provide a useful theoretical reference for the prevention, strike and elimination of such crimes. At the same time, it is also a theoretical clarification of the terrorist crimes, terrorist activities crimes and extremist crimes in the non-traditional security field. Chapter one: this chapter mainly clarifies the relevant concepts, and understands the traditional security theory, non-traditional security theory, terrorism, extremism and separatism from the most basic level; distinguishes terrorist activity crime, terrorist crime and extremist crime, including the discrimination of their concepts, characteristics, types and purposes. More importantly, terrorism, which has been debated over its concepts for a long time, is serious crimes not only endangering the international security, but also endangering the overall national security of China, such as political security, homeland security, military security, economic security, cultural security, social security, network security, science and technology security, information security, ecological security, resource security, nuclear security and so on. The safety of people's lives and property can be ensured only when such crimes are eliminated. The second chapter discusses the causes and harms of terrorist crimes. From the international political level, national religious belief, interest distribution and other perspectives, this chapter analyzes the causes and harms of terrorism. This kind of harm is analyzed from the aspects of international society and domestic society. As far as the harm of international society is concerned, it causes the internal disintegration of the country, causes the internal management of the country out of control, intensifies regional conflicts and wars, people living nowhere, the number of refugees increases sharply, all kinds of serious crimes rise, global economic development slows down, and the number of global crimes increases. As far as the harm of the domestic society is concerned, it intensifies the escalation of national conflicts and the rise of extreme forces, which leads to the instability of social management order, the destruction of social dynamic balance, the general lack of security and trust of the public, the reduction of trust of the whole people, the destruction of social integrity system, and the loss of moral concepts of social groups, which will form the vicious circle of everyone is in danger, or some scholars call it the so-called "mutual harm mode" of modern society. Finally, the terrorist crimes basically spread all over the world, endangering the international political environment and extending to China, resulting in the slow development of domestic economy, the destruction of the inheritance of local cultural system, endangering everyone's own development and individual survival, etc., causing unprecedented disasters in the whole human society, such as environmental degradation, food shortage, water pollution, and trust crisis. Chapter three: expound the value orientation and the path of counter terrorism. The biggest harm of terrorist crime lies in the destruction of global security. Therefore, the value of counter-terrorism in theory is mainly embodied in: the theory of human existence, the theory of international relations, the value theory of priority of global security interests, the theory of dynamic balance between the protection of basic human rights and the strengthening of state power, the theory of principles, rules and systems of international human rights law. Today's "counter-terrorism model" mainly adopts "war model" (military strike), "criminal justice model" (judicial governance) and "global governance model" (social governance) to control, eliminate and combat the spread and frequency of terrorist crimes. However, looking at these models, we can find that the war model basically failed because the United States withdrew its troops from Iraq and other countries, the judicial governance was in the stage of continuous attempt and improvement because of the poor connection of domestic laws of various countries, and the global governance was impressed by various factors among countries, and also became a theoretical system of continuous attempt to break through and improve. At present, the international community has not created a theoretical model that can completely eliminate terrorist crime and terrorist activity crime. Most countries adopt intelligence early warning, rapid elimination, post elimination and other ways to the occurrence of terrorist attacks, in order to effectively control the spread of terrorist extreme ideas, reduce the overall probability of terrorist attacks, and thus continuously weaken the viability of terrorist organizations around the world. Chapter four: the current situation and improvement of international response to terrorist crime. Due to the differences of political ideology and the restriction of interest pattern, the counter-terrorism legal system is not perfect, and it is difficult to form a systematic and effective "international unified criminal code system" or "international unified criminal policy" to regulate international terrorist crimes. In this regard, the international level of the regulation of terrorist crimes should mainly adopt international criminal cooperation, criminal judicial assistance, regional alliances, and other ways (such as the Shanghai Cooperation Organization).Therefore, the conclusion of international conventions is particularly important. Only with legal basis can we realize effective cooperation across national sovereignty. It can not only ensure respect for the sovereignty of all countries, but also help to carry out practical cooperation to deal with terrorist crimes of all countries. Chapter five: expound the path and system construction of dealing with terrorist crime in China. From the perspective of China’s society, it is generally in a period of stable development, but still unable to cope with sudden terrorist attacks. Terrorist attacks happen under the planning of terrorists, so it is urgent to improve the criminal law of China. Over the years, China has preliminarily constructed the main frame of counter-terrorism, and formed a three-dimensional prevention system in the aspects of counter-terrorism stance, counter-terrorism organization setting, counter-terrorism fund control and counter-terrorism Internet supervision. In terms of specific disposal, China has established counter-terrorism organization and platforms, such as information exchange platform, early warning and prevention platform and public division platform. But fighting terrorism according to law is always one of the goals pursued by the rule of law. Although China has established a relatively complete counter-terrorism legal system, the counter-terrorism legislation has certain defects and deficiencies in three aspects: basic concepts, anti-terrorism substantive law and anti-terrorism procedural law. It is found that there are some specific problems in China’s counter-terrorism legislation, such as unclear definition of basic concepts, poor convergence of laws in the field of counter-terrorism substantive law, confusion of identification subject and procedure in the field of counter-terrorism procedural law, confusion of administrative power and criminal investigation power, and poor procedural independence. The definition of the basic concept should strictly abide by the behavior theory of objectivism criminal law, and should be expanded in combination with international practice to cover specific cases from the literal and theoretical extension of the articles. In the field of counter-terrorism substantive law, the power boundary between administrative law and criminal substantive law should be clarified, and legislative conflict of jurisdiction should be solved, strictly implement the concept of modesty of criminal law, and correctly define the specific boundaries between administrative illegal activities and criminal activities, as well as between incriminating and discharging crimes. The choice of procedural legislation of mixed model in the field of counter-terrorism procedural law should conform to the trend of the world, clarify the compartmentalization of subjects, ensure the smooth internal connection of the whole procedure, and establish a special prosecution procedure. At the same time, we insist on using criminal policy of combining punishment with leniency to guide our counter-terrorism practice, and finally realize the balance between counter-terrorism and human rights protection In a word, based on the complexity of criminal phenomena, the diversity of criminal patterns and the differences of social development patterns, considering the rigor and diversity of the theoretical research of criminal law, we should take a dynamic and open concept to study the criminal law of terrorist crime and terrorist activity crime, and adopt a multi-dimensional research approach.

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The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be..."

Under the Criminal Code Compilation Act 1913 (WA), any number of individuals may be joined as co-defendants in a single trial, fanning a situation known as a joint trial. The charge/s against each defendant are considered separately and given a separate verdict by the jury. There is considerable debate in the legal arena as to the utility of joint trials, although to date little empirical research exists to substantiate any of the claims made. The present study aimed to contribute to the sparse knowledge base on joint trials by examining the impact of evidence strength on juror decision making in joint and single trials of the same defendant. Sixty mock juror university students were required to listen to an audiotaped trial summary about a hypothetical assault case that followed the same procedure as would be followed in Australian criminal courts. Evidence strength was manipulated so that defendant A had relatively weak and circumstantial evidence implicating him in the offence, and defendant B had very strong, substantive evidence implicating him in the offence. Two pilot studies confirmed that this manipulation was successful. The participants were assigned to one of three conditions - the single trial of defendant A, the single trial of defendant B, or the joint trial of defendants A and B. After listening to the trial summary, the participants were then required to give a verdict for the defendant/s, and rate the strength of the prosecution and defence evidence presented for the defendant/s. The hypothesis that the effect of joining their trials will be different for defendants A and B in terms of the proportion of guilty verdicts rendered for each defendant was supported. It was found that defendant A was significantly more likely to be found guilty in the joined condition than in the single condition (p < .05). There was no such effect observed for defendant B (p > .05). The second hypothesis that the effect of joining their trials will be different for defendants A and B on the perceived strength of prosecution evidence was also supported. Statistical testing revealed that there was a significant increase in the perceived strength of the prosecution evidence for defendant A in the joint condition, as c0mpared to the single condition (p < .05). There was no significant difference between the prosecution evidence strength ratings for defendant 8 in the single and joint conditions (p > .05). There was no support for the hypothesis that the effect of joining their trials will be different for defendants A and B on the perceived strength of defence evidence. For both defendants, there was no significant difference between defence evidence strength ratings in the joined and single conditions (p >.05). These results are interpreted with reference to impression formation theory. The limitations of the present study, including the sample, trial medium, trial elements, consequentiality of the task, and the trial materials are discussed. Directions for future research, such as improvements in the present study and additional sources of bias that may influence verdicts in joint trials, are also examined.

This paper studies the criminal liability of legal persons, which has suffered a deep reform with the organic law 1/2015, after being introduced in Spain in 2010. This reform has brought important modifications and news, as the creation of an exemption of liability through the adoption of compliance programs, which supposes a change in the so called model of transfer of liability, that existed before. Parallel to this transformation in the Spanish criminal code, in Peru recently the law 30424 has come into forth, which contents a corporate liability model, very similar to the one foreseen in Spain. Both models of liability and the possibility of its exemption raise doubts about if they really tried to penalize legal persons or not.
El presente trabajo estudia la responsabilidad penal de las personas jurídicas en España, la cual, después de haberse introducido en el año 2010, ha sufrido una reforma de hondo calado con la ley orgánica 1/2015. Esta ha conllevado importantes modificaciones y novedades, como la creación de una eximente de responsabilidad mediante la adopción de programas de cumplimiento, que ha supuesto un cambio en el antes existente modelo de transferencia de responsabilidad. Paralelamente a esta transformación que ha tenido lugar en el Código Penal español, en el Perú recientemente se ha aprobado la ley 30424, que crea un modelo de responsabilidad para las personas jurídicas muy similar al previsto en España. Ambos modelos de responsabilidad y la posibilidad de su exención plantean la duda de si realmente se pretende responsabilizar penalmente a las personas jurídicas o no.

Facing the phenomenon of organized crime, the criminal justice system for legal persons is confronted with the need to adapt the theoretical structures in order to provide an answer to the challenges rising from the high degree complexity and volatility, common qualities of the contemporary societies. t he modern legislations claim different solutions, such as the vicarious liability “act like someone else” or “be in someone else’s place”, which allows transferring the responsibility or guilt of a person. t his, among others, is recognized as a dual justice system. It is believed that a specific justice system for legal persons should be reached and, taking into account its peculiarities, make it coexist with the proper system for physical persons.
Frente al fenómeno de la criminalidad organizada, el sistema de imputación penal para las personas jurídicas se enfrenta con la necesidad de adecuar las construcciones teóricas a fin de brindar respuesta a los desafíos que emergen del alto grado de complejidad y volatilidad que caracteriza a las sociedades contemporáneas. e n las legislaciones modernas se han ensayado diversas soluciones, tales como el sistema vicarial “del actuar por otro” o “en lugar de otro”, que permite transferir a la persona jurídica la responsabilidad o culpabilidad de su representante; el reconocimiento de un doble sistema de imputación, entre otros. Creemos que debe avanzarse hacia un sistema específico de imputación para las personas jurídicas que atendiendo a sus particularidades coexista con el sistema propio para las personas físicas.

The principle that legal entities can be held criminally liable was first introduced into Belgian law in 1999. Some 20 years later, Belgian Parliament reviewed the rules, and adopted a number of significant changes. The present article offers a high-level overview of the currently applicable legal regime.

First, this work proposes a study of the origin, elements and application of the Compliance Program or, also named, Regulatory Compliance Program. The aforementioned program is understood as an internal device that corporations use not only to comply with the current legislation but also to prevent and detect legal violations they could be found in or as part of the activities they carry out.Second, it tries to explain and develop the connection between, on one hand, the new risks in the financial and technological development and, on the other hand, Criminal Law as a protective body of important legal assets for society. The aim is to analyze Criminal Compliance to get the corporationto manage its activities under current legislation, especially Criminal Law.In this regard, it enlarges the sectoral developments based on the Peruvian Government’s implementation of the the Compliance Program in the legal framework.Finally, it analyzes the impact of Criminal Compliance in the criminal legal framework. For that end, it refers to the criminal liability system in Peru and in what way it impacts on the application of Criminal Compliance.
El trabajo propone, en primer lugar, un estudio del origen, los elementos y la aplicación del Compliance Program o, también llamado, Programa de Cumplimiento Normativo, entendido como un dispositivo interno que las empresas implementan para cumplir con la normatividad vigente, así como para prevenir y detectar las infracciones legales que se produzcan dentro de las mismas o como parte de las actividades que estas realizan. Asimismo, se intenta explicar y desarrollar la relación entre los nuevos riesgos, debido al desarrollo económico y tecnológico, y el derecho penal como ente protector de bienes jurídicos de importancia para la sociedad. Esto último tiene como finalidad analizar el Criminal Compliance, destinado a que la empresa ordene su actividad conforme a la normativa aplicable, en especial la ley penal. En tal sentido, se desarrolla la aplicación que el Estado peruano ha realizado del referido Programa de Cumplimiento Normativo en el ordenamiento jurídico, en concreto los avances sectoriales. Finalmente, se analiza el impacto del Criminal Compliance en el ordenamiento jurídico penal. Para ello, se hace una referencia al sistema de responsabilidad penal adoptado en el Perú y de qué manera esto impacta en la aplicación del Criminal Compliance.

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Management from the NOVA – School of Business and Economics
A mafia modernization process will be addressed. That is the process by which the expansion growth into new territories coincided with a shift of objectives and interests of the mafia itself, which turned from being "traditional" to "entrepreneurial." Beside that we will examine the strategies adopted by the criminal organizations in order to successfully face the legal market and maintain at the same time a deep control over their home-regions.

This thesis focuses on the treatment of insanity in the criminal law and its implications for the concepts and mechanisms of legal accountability. In order to address this issue, I examined the historical background of the insanity defense and five specific cases that demonstrate the complications arising from insanity’s present legal condition. From this case study I drew the conclusion that, because liability to punishment requires particular internal conditions, criminal responsibility is the proper measure of legal accountability for insane persons. Ultimately, my research demonstrated that insanity occupies a unique position in both the theory of crimes and the theory of punishment and that a trial by jury is not the most appropriate way for adjudicating issues of insanity. In each of these spheres, judges consider how mental conditions relate to criminal responsibility and the role that juries play shrinks as the content of guilt shifts to criminal responsibility. For this reason, I conclude that judges are the best candidates for addressing insanity and its effect on criminal responsibility.

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Saude, 2013.
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O armazenamento e a utilização de perfis genéticos em bancos de dados com intuito de auxiliar a investigação criminal e a Justiça têm gerado relevantes questionamentos bioéticos. A partir disso, o objetivo principal desse trabalho é discutir os aspectos bioéticos relacionados à implantação e utilização do Banco Nacional de Perfis Genéticos Criminal Brasileiro. A reflexão bioética proposta contará com o aposte das teorias e princípios da Bioética, em especial, o Princípio da Responsabilidade de Hans Jonas, e ainda as Declarações da UNESCO sobre Bioética, Direitos Humanos e Dados Genéticos. O trabalho teve como objetivo específico, examinar as repercussões da utilização do banco sobre a privacidade dos indivíduos e verificar as expectativas de um grupo de cidadãos comuns sobre a implantação e o uso de um banco desta natureza no Brasil. A metodologia adotada contou com levantamento bibliográfico e documental acerca do tema e aplicação de entrevistas individuais, semiestruturadas, a um grupo de 54 cidadãos comuns, em dois locais distintos do Distrito Federal (Rodoviária Interestadual do Plano Piloto e Aeroporto Internacional de Brasília). Do total de entrevistados apenas 49 indivíduos conseguiram finalizar a entrevista e se posicionar sobre o tema abordado. A investigação evidenciou que a maioria dos entrevistados se mostrou favorável à implantação e à utilização do Banco Nacional de Perfis Genéticos Criminal, o argumento mais utilizado para justificar essa opção foi a possibilidade de facilitar a identificação da autoria do crime e o trabalho de investigação policial atribuído ao uso dessa ferramenta. Essa mesma maioria entendeu não existir invasão de privacidade no uso de um banco de dados com essa finalidade, o que se mostrou coerente com o fato de também a maioria se colocar como possível doador de material biológico para inclusão de perfil genético na base de dados. Conclui-se, portanto, que o grupo pesquisado conseguiu se posicionar e argumentar sobre o tema em questão, apesar do pouco conhecimento sobre o assunto. E que em relação a assuntos de grande relevância pública como esse, em que exista a possibilidade de desrespeito a direitos, às liberdades fundamentais e à invasão de privacidade, é importante a ampliação do debate com envolvimento de diversos atores e que a opinião da sociedade seja considerada. E ainda, que em situações onde interesses coletivos e individuais estão envolvidos, é relevante que a bioética seja chamada a subsidiar a ponderação desses interesses. Por fim, a criação e o uso de uma ferramenta de importante valor social como essa, deve ser pautado em critérios e princípios éticos como, o princípio da responsabilidade, da prudência e no respeito da dignidade humana. _______________________________________________________________________________________________________________ ABSTRACT
The storing and use of genetic profiles in data banks for the purpose of helping criminal investigation and justice have raised relevant bioethical issues. Based on that, the main objective of this work is to discuss the bioethical aspects related to implementation and use of the Brazilian Criminal Genetic Profiles Data Bank. The proposed bioethical reflection will count on the bioethics theory and principles, in particular, the Principle of Responsibility by Hans Jonas and Unesco’s statements about Bioethics, Human Rights and Genetic Information. The specific objective of this work was to examine the consequences of using the information as it affects the privacy of individuals. In addition verify the expectations of a group of common citizens in regards to the implementation and use of the DNA data bank in this way in Brasil. The chosen method included bibliographical and documental survey of the theme as well as individual interviews, semi-structured, of 54 people in two different locations in the Distrito Federal. Of those interviewed, only 49 were able to finalize the interview and take a position on the issue. The investigation shows that the majority of those interviewed were favorable to the implementation and use of a Criminal Genetic Profiles Data Bank. The most used argument for justifying this option was the possibility of easier identification and investigation of the criminal by the police. The same majority understood that there was no privacy breach by such use and most of them were willing to be possible donors of biological material to be included in the genetic profile data base. In conclusion, the study group interviewed was able to discuss and take a position on the issue in spite of their little understanding of the subject. With regard to issues of public relevance like this one, in which there exists the possibility of disrespect of fundamental rights and liberties and invasion of privacy, it is important that the debate be more widespread with participation of diverse people and that the opinion of society be considered.. Also, in situations where individual and collective interests are involved, it is relevant that the bioethics be called upon to support the weight of these interests. And finally, the creation and use of a tool of such important social value as this should be guided by ethical principles and criteria such as responsibility, prudence and the respect of human dignity.

This thesis is a socio-legal study of police and prosecutorial decision-making in the context of special measures support for child witnesses in criminal proceedings. It presents the findings of an empirical research project conducted with the Crown Prosecution Service which examined the implementation of Part II of the Youth Justice and Criminal Evidence Act 1999. Under that Act children may be assisted to testify in criminal proceedings though any feasible combination of: video-recorded evidence; live television link; screens; communication aids; intermediaries; and giving evidence in private. Using a small-scale, primarily qualitative, study involving semi-structured interviews with Crown Prosecutors, this thesis investigates how the attitudes, beliefs, motivations and work practices of the police and prosecutors affect the provision of special measures to children. It does so in the context of a highly directive legal framework which purports to curtail prosecutorial and judicial discretion. The thesis explores the problems that child witnesses encounter within the criminal justice system and the legislative and policy response to their difficulties. It then presents the findings of the current research study in relation to, first, the video-interviewing patterns of police officers and, second, the rate of prosecutors’ applications for special measures. In addition to the statistical data, the thesis explores prosecutors’ own reflective accounts of the factors which shape police and prosecutors’ decision-making. The thesis concludes that where the rules on special measures are highly prescriptive, we have witnessed a radical expansion in their use for children, but that the rigid system has drawbacks which raise pressure for reform. Reform proposals must be carefully considered in the light of infrastructural weaknesses in inter-agency liaison and information-management identified in this thesis. We might also be wary that reform will undermine the criminal justice system’s recently consolidated cultural acceptance of special measures for child witnesses.

This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.

Magister Legum - LLM
The precise legal definition of crimes against humanity has always been elusive since their first codification in the IMT Charter in 1945. Jurisprudence applying the definition has reflected the uncertainty especially with regard to the contextual element that requires that crimes against humanity should be committed pursuant to some form of a policy of a state or organisation: The Policy Element. In the 1990s the ICTY in its early Decisions exhibited an inclination to broaden the scope of the application of crimes against humanity by downgrading the Policy Element to cover states and non-state actors in asymmetric armed conflicts. In 2002, this tendency culminated in the complete abandonment of the Policy Element requirement. Eminent international criminal law scholars are divided whether the ICTY was correct or not. At the same time, Article 7(2) (a) of ICC Statute has expressly provided for a downgraded Policy Element that somehow resonates with the ICTY as it covers states and organisations. In 2010, the Situation in the Republic of Kenya presented the ICC with a question whether the concept of organisation in Article 7(2) (a) of the Statute covers organisations generally or only state-like organisations. The Majority Decision resonated with the more recent jurisprudence of the ICTY and held that it covered all organisations. The Dissenting Opinion, however, restricted the Policy Element to only state-like organisations. This Research agrees with the recent ICTY position that has been reflected by the Majority Decision and postulates that the Policy Element should not be a requirement for crimes against humanity.

Includes bibliographical references.
In international criminal law, the application of the principle of concurrent jurisdiction necessitates the existence of two types of Courts: a national court and an international one. As a result of the uniqueness of the Rwandan context, there were more courts hearing matters that arose from the genocide.6 In Rwanda, such cases are tried by ‘conventional courts’ and the ‘Gacaca’ courts. Gacaca is defined as a system of transitional participative community justice, whereby the population is given the chance to speak about the committed atrocities, to prosecute, defend, judge and punish the criminals. The conventional courts are divided into ordinary courts and military courts. All these courts have the jurisdiction to prosecute genocide cases. Genocide cases were therefore heard in three different courts domestically but in concurrence with International Criminal Tribunal for Rwanda (ICTR). As a result of the particular context of the Rwandan Genocide of 1994, particular issues arise and will be explored in this study.

In international criminal law (ICL), legal meaning has been developed substantially through the judgments of international courts. Compared to some of their prosecutorial decisions, however, the way in which international judges have interpreted legal provisions has remained relatively uncontested. This study uses practice theory as a particularly fruitful lens through which to study the politics of legal interpretation. It analyses the conditions under which the creation of a comparatively uncontested judicial space became possible as an interplay between political commitments and the professional assumptions of ICL experts. The study argues that international criminal courts - unlike hybrid courts - have been accorded a particularly high degree of interpretive authority through what will be called the 'practice of privileged precedent'. It traces how this interpretive practice has been shared across institutional settings within a broader interpretive community, including by government officials and civil society representatives. Through this research, this thesis emphasises the relevance of legal interpretation for IR's understanding of international law and international courts. Drawing on legal theory, it also addresses one of the key challenges of IR's practice turn: its capacity to account for the creative potential of international practices. Methodologically, the thesis combines qualitative and quantitative forms of content analysis, elite interviews, and legal interpretive methods. It is based on an examination of over 100 judgments of international and hybrid criminal courts interpreting the crime of genocide and the law of war crimes, including judicial decisions delivered by the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL). This analysis is supplemented by 28 elite interviews with judges and legal experts at international criminal courts, staff at civil society organisations, and government officials working for the British and German foreign offices.

Doctor Legum - LLD
The main contributor of situations before the International Criminal Court (hereinafter ICC) has been state parties that have referred situations on their own territory to the ICC through “self-referral”. This study examines the concept of self-referral tracing the history of voluntary deferral by states of their jurisdiction over international crimes up to the enactment of the Rome Statute. The study finds that states were historically reluctant to have international crimes committed on their territory handled by other bodies or states. The self-referrals under the ICC regime are therefore a novelty in international criminal law. The legality of the act of self-referral under the Rome Statute is also examined and it is concluded that self-referrals are provided for within the Statute, although their legality has been questioned. The study establishes that self-referrals have seen unprecedented cooperation by territorial states but have also been selective in nature, targeting only non-state actors (rebel groups) .The study further compares the ICC’s handling of two other situations (Kenya and Darfur) which were triggered by antagonistic proprio motu and UN Security Council referrals respectively. The ultimate collapse of cases arising out of the Kenyan situation plus the suspension of investigations in Darfur due to non-cooperation is significant when compared with the relative successes registered with self-referred situations. The study concludes that whereas self-referrals may involve concessions to the territorial state like non-prosecution of state actors, this is a necessary evil to ensure successful investigations and prosecutions of international crimes. I recommend at the end of the study that in order to shield the office of the ICC Prosecutor from the diplomacy, dirty international politics and compromises at play in securing referrals as well as cooperation during the entire prosecution process, there should be a separate organ of the ICC handling investigations and interactions with states.

This thesis investigates the criminal justice system of England and Wales – in particular, the criminal legal aid system: how those who are unable to afford their own defence lawyer are provided with advice and representation. Building on the work of Packer’s criminal justice process models of Due Process and Crime Control; later works critical of Packer’s approach; and Bourdieu’s concepts of habitus, field and capital, it constructs a new and enhanced way of understanding and analysing the values at play in the criminal justice process: the toolbox approach. Using this framework, it analyses the findings from empirical research into how changes to defence lawyer fees impact their work. Drawing on 29 in-depth qualitative interviews with solicitors and barristers of varying levels of experience, it uncovers the impact of criminal legal aid finance on defence lawyer behaviour and how this operates. It also makes findings as to the state and operation of the criminal justice process in broader terms. Chapter 1 outlines the legal aid system and introduces the research question in detail. Chapter 2 builds on this by analysing how to answer the research question, discussing the research methods and methodology and introducing the role played by criminal justice process models and Bourdieu’s concepts of habitus, field and capital. Chapter 3 considers the literature on criminal justice process models in detail, advancing an argument that criticisms of Packer’s work are useful, but ultimately misplaced. Chapter 4 builds on the foregoing discussion to construct the multi-dimensional analysis tool: the toolbox approach. Chapters 5 and 6 apply this framework to analyse the empirical data and draw conclusions from it about legal aid finance. Finally, in Chapter 7, there are some concluding remarks, which reflect on the overall analysis and consider its implications.

Orientador: Julio López-Abán
Resumo: O tráfico, contrabando e comércio ilegal de animais é a quarta atividade ilícita mais comum no mundo, colocando em risco a extinção de diversas espécies. Além disso, o comércio ilegal de animais silvestres pode ser meio de veiculação de enfermidades, principalmente de caráter zoonótico, ao serem transportadas por animais. O trabalho tem por objetivo identificar espécies de animais da fauna silvestre através do DNA mitocondrial (mtDNA), tricologia e determinar a prevalência de Trypanosoma cruzi agente etiológico da enfermidade de Chagas, uma Enfermidade Tropical Negligenciada (NTD), segundo a Organização Mundial da Saúde (OMS). Foram coletadas amostras de tecido muscular, pele, sangue e pelos em animais oriundos de apreensões no território brasileiro. Para a identificação genética, foi sequenciada uma região conservada do mtDNA de aproximadamente 600 pares de bases e comparados com o banco de dados genético Barcode of Life Database (BOLD). A identificação por pelos foi realizada através de análise comparada e o diagnóstico T. cruzi através da técnica Loop-mediated Isothermal Amplification (LAMP), uma técnica rápida, barata e sensível. Foram identificados animais das espécies Dasypus sp., Mazama gouazoubira, Pantera onca, Cerdocyon thous, Tamandua tetradactyla, Didelphis aurita, Puma concolor, Myoprocta sp., Cavia sp., Galictis cuja; através do sequenciamento genético do mtDNA e as espécies Alouatta sp., Ozotoceros bezoarticus, Sylvilagus brasiliensis, Didelphis albiventris, Pa... (Resumo completo, clicar acesso eletrônico abaixo)
Abstract: Animal trafficking, smuggling and illegal trade is the fourth most common illegal activity in the world, increases the risk of extinction of several endangered species. An important point concerning illegal animal trade and the increasing globalization is that represents a possible vehicle for illness spreading, including zoonosis, creating a health public issue. The aim of this research is to identify species from the wildlife by mitochondrial DNA (mtDNA), hair and determines the prevalence of the zoonotic agent Trypanosoma cruzi, etiological agent of Chagas’ disease, a Neglected Tropical Disease (NTD) according to World Health Organization (WHO). Samples were collected from blood, muscle and skin from trafficking animals in Brazilian territory. A preserved region from mtDNA (600 base pair) was sequenced and compared to the Barcode of Life Database (BOLD) in order to do the genetic identification. Hair identification was complete by compared analysis. The diagnosis of T. cruzi ware made using the Loop-mediated Isotehrmal Amplification (LAMP) assay, a rapid, cheap and sensible technique. Have been identified the following species: Dasypus sp., Mazama gouazoubira, Pantera onca, Cerdocyon thous, Tamandua tetradactyla, Didelphis aurita, Puma concolor, Myoprocta sp., Cavia sp., Galictis cuja; using mtDNA sequencing and these species: Alouatta sp., Ozotoceros bezoarticus, Sylvilagus brasiliensis, Didelphis albiventris, Panthera onca, Puma concolor, Myrmecophaga tridactyla, Leopard... (Complete abstract click electronic access below)
Resumen: El tráfico, contrabando y comercialización ilegal de animales es la tercera actividad ilícita que más ocurre en el mundo, poniendo en riesgo la extinción de muchas especies. Además el comercio ilegal puede ser un vehículo de transmisión de enfermedades, principalmente las zoonosis, que pueden ser llevadas por los animales. La investigación tiene por objetivo identificar especies de animales de la fauna silvestre a través de ADN mitocondrial (mtDNA), tricología y la determinación de prevalencia del parásito Trypanosoma cruzi, causante de la enfermedad de Chagas, una Enfermedad Tropical Desatendidas (NTD) de acuerdo con la Organización Mundial de la Salud (OMS). Se recogieron muestras de tejido muscular, piel, sangre y pelos de animales procedentes de aprensión en el territorio nacional de Brasil. Para la identificación genética, fue realizado secuenciación de una región conservada del mtDNA con aproxidamente 600 pares de bases y luego fueron comparados con el banco de datos genético Barcode of Life Database (BOLD). La identificación por pelos ha sido llevada a cabo por análisis comparado y el diagnostico de los agentes infecciosos con carácter zoonosis fue determinado con la técnica Loop-mediated Isotehrmal Amplification (LAMP), que es sensible, barata y rápida. Los animales identificados fueron Dasypus sp., Mazama gouazoubira, Pantera onca, Cerdocyon thous, Tamandua tetradactyla, Didelphis aurita, Puma concolor, Myoprocta sp., Cavia sp., Galictis cuja; por medio de secuenciac... (Resumen completo clicar acceso eletrônico abajo)
Doutor

The research investigated the legal status of the Sulha in the criminal law of the State of Israel. This research is a qualitative-interpretative-exploratory single case study. Its main goal was to create scientific and professional knowledge with practical ramifications for the judicial world, as well as to develop a new theory and model of the Israeli criminal process that would allow for the incorporation of Sulha within the Israeli criminal process. The qualitative data collection methods and sources used were structured interviews, a Delphi survey, documents, the researcher's professional experience and a personal diary. The 16 interviewees were professional, credible, trustworthy and expert people in their field. Seven (7) experts in the field made up the Delphi panel. The research met all of its goals and objectives of the study questions: What is the legal status of Sulha in Israeli criminal law? How can the Sulha be incorporated in Israeli criminal law, and what contribution would Sulha make in this respect? What action is required for Sulha to be incorporated in Israeli criminal law? The findings showed that criminal statutory laws, Israeli courts, and parole committees do not recognize the Sulha as an alternative conflict settlement venue in criminal cases. The findings showed that Israeli courts and parole committees have two principal approaches to the question of the legal status of the institution of Sulha in Israeli criminal law. One approach refuses to grant the institution of Sulha any binding legal status in Israeli criminal law, while according to the other approach Sulha can serve as a consideration in a person’s favor, but not as a decisive consideration, and certainly not one that binds the courts or parole committees. The findings showed that it would be possible to enhance the Israeli criminal law by incorporating the Sulha within the criminal law. Incorporation of the Sulha in the Israeli criminal law would enhance and improve the Israeli criminal law by achieving speedy justice, by reducing the caseload of the courts, by increasing public confidence in the criminal process and the judicial activity, by reducing the frequency of erroneous judgments, by achieving restorative justice, by promoting reconciliation and by facilitating the achievement of peace between the parties affected by the criminal act. Further, the Sulha could contribute greatly to reconciliation and to the installment of peace in Israeli society and achieves restorative justice. A bill (law draft) has been prepared for the incorporation of the Sulha in the criminal law in Israel. The researcher is convinced that the Knesset (lsraeli Parlament) will approve it as soon as possible.

In this thesis, red flags for dangerousness/lethality established from domestic violence and homicide research provided the social framework for an examination of legal responses to violence in intimate heterosexual relationships. The research investigated these gendered, structural patterns of violence and the effectiveness of criminal justice interventions in keeping victims safe. Agency interactions with offenders and victims prior to women's deaths were reviewed in selected cases. Criminal law constructions of violence in intimate relationships were evaluated for their recognition and understanding of primary risk factors for dangerousness/lethality. The research found major red flags remain invisible in criminal law stereotypes of violence between intimates. The significance of these risk factors for dangerousness/lethality is therefore overlooked, misunderstood and even misrepresented in defence of violent offenders. Although the aim of the Domestic Violence Act 1995 is to ensure effective protection for victims, the study found a significant number of women (and sometimes other family members and children) experience further sub-lethal and lethal violence following legal interventions with perpetrators. Lacking a principled policy foundation, central focus on victim safety and clear framework for interventions, legal responses are internally incoherent and inconsistent with New Zealand Family Violence Prevention Strategy. The New Zealand government has committed to principled domestic violence intervention and consistency in law and policy. This will require: a) legislative reform; b) public and professional education on the dynamics of violent relationships, including the interrelationship between sublethal and lethal assaults; and c) monitoring of criminal justice interventions to improve accountability. Until this is accomplished, stories of abused women and their children, including informal attempts to seek help and contact with state and community agencies will continue to be dishonoured by a legal system which silences their voices and fails to learn lessons from their injuries and deaths.

Orientador: Roberto Jose Gonçalves
Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Odontologia de Piracicaba
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Resumo: A Síndrome da Imunodeficência Adquirida (SIDA) desde o seu surgimento em 1981, tem sido objeto de estudos para obtenção de sua cura tanto em países desenvolvidos como naqueles em desenvolvimento. Ao contrário de outras doenças, ela não respeita as usuais barreiras geográficas e sócio-econômicas, e constitui-se em flagelo em países carentes, atingindo até 1/3 da população ativa para o trabalho. Na época de seu aparecimento, havia um interesse mundial significativo em prol dos direitos humanos, e pela primeira vez, os esforços de cura fizeram-se acompanhar de outros direcionados para a proteção da individualidade do doente. Um importante resultado desta coincidência foi a modificação da tradicional relação entre o Médico/Agente de Saúde e os pacientes. Diante deste novo contexto todos os países adotaram novas leis de assistência à saúde, e o Brasil situa-se entre os que possuem legislação moderna e abrangente. Estas novas leis surgiram principalmente na década de 1990, e algumas são bem recentes datando de 2000. O presente trabalho teve como primeiro objetivo estimar o grau de conhecimento sobre estas leis, e para tanto foi escolhida uma população de 6.289 Cirurgiões Dentistas que trabalham em Belo Horizonte, Minas Gerais. Dentro desta população foi selecionada ao acaso uma amostragem de 203 profissionais, que responderam a um questionário com 65 questões objetivas e direcionadas para os aspectos legais no atendimento a portadores de H IV adultos. Os dados obtidos foram agrupados segundo as variáveis classificatórias, a saber: sexo (130 mulheres e 73 homens), tempo de formado (61 profissionais formados entre O e 5 anos, 51 formados entre 6 e 10 anos e 91 formados a mais de 11 anos), procedência universitária (96 profissionais formados por Universidade Privada e 107 por Universidade Pública), e especialidade ( 114 sem especialidade, 36 especialistas em área com maior afinidade ao tema e 53 especialistas em áreas com menor afinidade ao tema). O processamento dos dados foi feito através de análise estatística que incluiu os testes Qui-Quadrado, Exato de Fisher, G2 ou Razão de Verossimilhança, Kruskal Wallis e Wilcoxon. Os resultados finais mostraram 36,09% de nível de acerto médio às questões propostas, indicando haver um significativo desconhecimento do assunto. Além deste fato, constatou-se que nenhum grupo dentro da amostra apresentou resultado estatístico significativo em termos de nível de acerto de respostas. O segundo objetivo foi a construção de um manual informativo sob forma de apostila, contendo respostas às perguntas onde o conhecimento da amostra indicava carência de informação, e que se constitui em anexo do presente trabalho. A forma simples de sua apresentação é a estratégia adotada para facilitar a consulta do interessado e possibilitar melhor divulgação. Espera-se que este trabalho possa ser fonte prática de consultas tanto para o Cirurgião Dentista que trabalha em Rede Pública como na Privada, e bem como uma efetiva contribuição do Curso de Pós Graduação em Odontologia Legal e Deontologia para o aprimoramento profissional da classe odontológica
Abstract: The knowledge of a great urban population of Dentists involved in civil and criminal policies in HIV serum-positive dentistry procedures was investigated in this study. AIOS (Acquired Immunodeficiency Syndrome) is a Pandemic disease causing clinic fault in immunologic system that predisposes the patient to opportunistic infection. It appears just on human rights era, and helped change our conception about discrimination. One of the consequences were the modification between Physicians and Patients relationship. Since 1981, has increased the number of laws that treat serum-positive rights, currently patient's privacy and biologic insurance are the main policies of civil and criminal responsibilities. The Author carried out an investigation with 203 Dentists in Belo Horizonte City, where 64,03% was woman and 35,97% man, 52,70% was graduated in state University and 47,30% in private one, 30,04% was graduated from 1 to 5 years, 25,12% was graduated from 6 to 10 years, 44,84% was graduated from 11 years and more, 56,15% was generalist, 17,73% was specialist in some surgical area and 26,12% were specialist in non surgical area. Some aspects like diagnostic, professional secret, legal worker's rights, legal civil and criminal responsibilities, biologic insurance, and local work conditions were researched. The Qui-Square Test, Fisher Exact Test, Likelihood Ratio Test, Kruskal-Wallis Test and Wilcoxon Test were used for statistic analysis, and the results showed 36,09% media rate of rights answers, and none of the sample groups presented sufficient knowledge of civil and criminal responsibilities. Concerning biologic insurance, none of the groups used more than 80% of insurance items, and the public service used fewer items than private service. This aspects that presented deficiency of knowledge were used as a guide to made informative manual, managed to ali professionals that want to actualize themselves
Mestrado
Mestre em Odontologia Legal e Deontologia

This thesis illustrates and analyses the ambiguity of the Bengali middle-class perception regarding the colonial legal and penal institutions, specifically the criminal courts and the jails, in the second half of the nineteenth century. The institutional functioning of the criminal courts and the jails form a marginal part of the thesis. The main focus is the bhadralok perception of these institutions as the repository of "law and order" as established by the colonial rule of law. This thesis contends that though the perceived need for preserving law and order through the rule of law came from the colonial government in the first half of the nineteenth century, it had the approval of the bhadralok. It is further argued that the categories of the criminals in the Bengal Presidency (or province), generated by the colonial government at the site of the criminal courts and the jails, were congruent with the divide separating the higher castes from the lower castes. These categories helped the bhadralok to take on a non-criminal identity, based on their perception of the colonial discourse on the criminal classes. Further, from the mid nineteenth century to the late nineteenth century, the increasing familiarity with the courts and the jails enabled the bhadralok, on the basis of their own changing experience, to construct a non-criminal identity for themselves. The central theme of the thesis is therefore the evolution of a bhadralok noncriminal identity revolving around their experience of the courts and the jails throughout the mid to late nineteenth century. On the basis of this non-criminal identity, the bhadralok in the late nineteenth century stood in opposition to the colonial government's mechanisms of control, namely the criminal courts and the jails, by questioning its right to impose such control on a non-criminal section of society, and thereby immediately imbuing the colonial government with illegality and oppression. But this was possible only after the identity of criminality had been grafted onto the lower sections of the society, the chhotolok. as it enabled the bhadralok to construct the mental image of the criminal courts and the jails as generally applicable only to the chhotolok. This, in turn, rendered the site of the criminal courts and the jails as spaces reserved for the lower sections of society. The first decade of the twentieth century is examined briefly to bring out the contrast of this period as against the bhadralok discourse evolving through the mid to late nineteenth century, which had set out the space of the criminal courts and the jails as desecrated space, unfit for the bhadralok to occupy. Against this background, the national movement endowed the legal and penal procedure with illegality and misrule of law, when they operated on the bhadralok as political prisoners. This was in diametrical contrast to the perception of the legitimacy of the legal and penal institutions when they operated on the chhotolok with the end of preserving law and order through these two institutions.

Objectives: The primary aim of the thesis was to examine the procedures of the police criminal investigation unit in Cyprus Republic and the legal procedures related to children's testimonies. Method: First, a study evaluated the actual practices used by Cyprus Republic police officers when interviewing children. Second, three surveys examined police officers', judges' and lawyers' perceptions of videotaped testimonies with children and the treatment of children in courts. Third, two experimental studies investigated how children's recall was influenced by keeping their eyes closed during interviews. Results: The first study indicated that only one third of the interviews by police officers included all of the phases prescribed in interviewing protocols. Nearly all of the questions used were focused questions and that two-thirds of all the potential evidence enclosed in children's transcripts came from focused questions. The analysis also provided evidence of problematic interviewers' behaviours and distortions of children's words. The second study showed a general view that videotaping children's testimonies was a positive development in Cyprus Republic but all the professionals interviewed were aware of problematic areas that required attention. They were also evidence that some children may be mistreated during cross-examination. The last two experimental studies provided contradictory evidence on how children's eye conditions could affect their accounts. The first experimental study showed that closing eyes improved children's accuracy when being questioned about an event they had experienced. However the second experimental study failed to show any beneficial effect for keeping eyes closed. Conclusions: The quality of children's testimonies elicited by the police in Cyprus Republic replicates previous problematic outcomes from similar studies conducted in other countries. Police officers', judges' and lawyers' beliefs and behaviors about children's testimonies and towards children added important information on how legal procedures can be improved further in Cyprus Republic. The results of the two experimental studies raised issues for further research.