Journal articles: 'Prosecute'

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Buha, Milijana. "Principles of criminal prosecution under the 2021 criminal procedure code of Republika Srpska." Zurnal za bezbjednost i kriminalistiku 3, no. 2 (2021): 29–41. http://dx.doi.org/10.5937/zurbezkrim2101029b.

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The prosecutor, as a state body, performs the basic function of criminal prosecution in criminal proceedings in accordance with the principles of legality and accusatory nature. The principle of legality obligates the prosecutor to prosecute in order to file an indictment if there is evidence of a criminal offense. The accusatorial principle indicates that the initiation of criminal proceedings depends on the prosecutor, because the legislature prescribes that criminal proceedings can be initiated only at the prosecutor's request. Criminal prosecution depends on the prosecutor's decision to prosecute matters, and the aggrieved party can only represent the indictment filed by the prosecutor if the prosecutor decides to abandon the indictment confirmed. The aggrieved party may be given a possibility to prosecute criminal offenses in which the public interest has not been violated.

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Cohen, Fred. "To Prosecute or Not to Prosecute?" Network Security 2001, no. 4 (April 2001): 15–18. http://dx.doi.org/10.1016/s1353-4858(01)00419-6.

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Landau, Norma. "Indictment for Fun and Profit: A Prosecutor's Reward at Eighteenth-Century Quarter Sessions." Law and History Review 17, no. 3 (1999): 507–36. http://dx.doi.org/10.2307/744380.

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In the early modern era, the business of England's criminal courts was founded upon charges brought and prosecuted by private individuals. And, as the English realized, private prosecutors posed a problem: how could the English ensure that private individuals would spend their own time and their own money in prosecuting an offender who had committed an offense against the peace of the realm? Parliament's solution was to proffer the carrot: sixteenth-century statute decreed that his prosecution of the thief was, in itself, action sufficient for the owner of stolen goods to recover those goods, while from 1692, statutes offered rewards to successful prosecutors of highway robbers, burglars, coiners, and other specified offenders. In contrast, England's magistrates wielded the stick, binding a plaintiff bringing an accusation of felony to prosecute an indictment against the alleged felon. As a result, private prosecutors of major offenses were both bribed and compelled to prosecute. Private prosecutors of more minor offenses were neither bribed nor compelled to prosecute, and yet they did, nonetheless, prosecute indictments. Why?

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Mujuzi, Jamil Ddamulira. "Protecting Animals from Mistreatment through Private Prosecutions in South Africa: A Comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)." Journal of African Law 61, no. 2 (May 8, 2017): 289–304. http://dx.doi.org/10.1017/s0021855317000146.

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AbstractThe general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private prosecution if the prosecutor has declined to prosecute. South African law allows natural, but not juristic, persons to institute private prosecutions. In the case examined in this note, the appellant argued that the law prohibiting juristic persons from instituting private prosecutions is discriminatory. The Supreme Court of Appeal held that private prosecutions are only permitted on grounds of direct infringement of human dignity. This note argues that section 7 of the Criminal Procedure Act is unconstitutional for excluding juristic persons from instituting private prosecutions and recommends steps the appellant could take to institute private prosecutions against those who mistreat animals.

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Kahimba, Nicksoni Filbert, Cecilia Edward Ngaiza, and Boaz John Mabula. "Domestic Prosecution of International Crimes in Tanzania: The State of the Law." Eastern Africa Law Review 47, no. 2 (December 31, 2020): 106–37. http://dx.doi.org/10.56279/ealr.v47i2.4.

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This article examines Tanzania’s ability to domestically prosecute international crimes following its ratification of the Rome Statute. The Article also analyses the possibility of relying on the provisions of customary international law to prosecute these crimes in the absence of domestication of the Rome Statute. The article probes into the reasons for the non-domestication of the Statute, highlights the strengths and weaknesses of the current legal framework to prosecute international crimes, and proffers a set of recommendations for the identified legal flaws. It finds that although Tanzania is a State Party to the Rome Statute, it has not yet domesticated the Statute. Despite the absence of a direct legal obligation to domesticate or nationally incorporate the provisions of the Rome Statute, the articles states that it is fundamental that Tanzania indicates its ability and willingness to prosecute international crimes within its domestic legal framework. While there are two approaches to prosecuting crimes of the Statute at the national level, this article has discussed the effectiveness of Tanzania’s legal framework to prosecute those crimes through the ordinary crimes approach. It contends that while some of the core crimes can be prosecuted domestically and through customary international law, the current domestic legal framework in Tanzania is incapable of prosecuting the Statute’s core crimes effectively in the absence of domestication or adoption of serious legal amendments in the relevant domestic legislation. Keywords: Customary International Law - International Crimes - International Crimes Approach - Ordinary Crimes Approach - Penal Code - Rome Statute

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Pamsm-Conteh, Ishmail. "Prosecutorial Discretion at the Special Court for Sierra Leone: A Critique." International Law Research 10, no. 1 (July 30, 2021): 249. http://dx.doi.org/10.5539/ilr.v10n1p249.

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Principle 1 of the International Law Commission demands that any person who commits an act which constitutes a crime under international law is responsible and therefore liable to punishment. This is supported by various other international treaties, obligations, and also under customary international law. The mandate of the Special Court for Sierra Leone (The Special Court) rests with United Nations Security Council Resolution 1315(2000); to prosecute those who bear the greatest responsibility for serious international crimes committed during the country’s civil war, which lasted from 1991-2002. To be clear, there were many protagonists in the conflict. However, the Special Court, which lasted between 2002 and 2012, prosecuted only thirteen members from selected groups, who were alleged to have committed such offences. Although there was considerable evidence to have supported additional prosecutions from the other warring factions in the conflict. As it was the responsibility of the Prosecutor to select those who were to be prosecuted; was the prosecutorial discretion robust enough in the case selection of those that were prosecuted, or was it a case of selective enforcement, or was it even discriminatory whilst trying to achieve the Court’s mandate? This paper aims to evaluate the exercise of prosecutorial discretion at the Special Court, with a view to determining, whether the manner in which it was exercised may have led to the Prosecutor underachieving the Court’s mandate.

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Anisya, Adinda Farah, Hafrida Hafrida, and Erwin Erwin. "Studi Perbandingan Penuntutan Perkara Pidana dalam Perspektif Sistem Pembuktian Menurut Hukum Acara Pidana Indonesia dan Thailand." PAMPAS: Journal of Criminal Law 2, no. 3 (December 31, 2021): 59–75. http://dx.doi.org/10.22437/pampas.v2i3.14876.

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This study aims to determine the arrangements, similarities and differences in the prosecution authority regulated in the Indonesian Criminal Procedure Code and The Criminal Procedure Code 1934 Thailand. The results show that there are differences in the authority to prosecute between Indonesia and Thailand. In Thailand, it is not only the public prosecutor who can prosecute criminal cases because the criminal procedure code also regulates the victim's right to prosecute criminal cases that happened to him/her through a private prosecution process or through a joint prosecutor. It is hoped that the existence of regulations regarding the authority for victims to be actively involved in the criminal justice process can guarantee protection for the rights of victims which have been neglected by the state so as to restore public confidence in the Indonesian criminal justice process. ABSTRAK Penelitian ini bertujuan untuk mengetahui pengaturan, persamaan dan perbedaan kewenangan penuntutan yang diatur dalam Kitab Undang-Undang Hukum Acara Pidana Indonesia dan The Criminal Procedure Code 1934. Hasil penelitian menunjukkan bahwa adanya perbedaan pada pengaturan wewenang untuk melakukan penuntutan antara negara Indonesia dan Thailand. Di Thailand, yang dapat melakukan penuntutan perkara pidana bukan hanya penuntut umum karena the criminal procedure code juga mengatur hak korban untuk mengajukan penuntutan perkara pidana yang terjadi kepadanya melalui proses penuntutan pribadi (private prosecution) atau melalui penuntutan bersama (joint prosecutor). Diharapkan dengan adanya peraturan mengenai wewenang bagi korban untuk terlibat aktif didalam proses peradilan pidana dapat menjamin perlindungan bagi hak-hak korban yang selama ini terabaikan oleh negara sehingga dapat mengembalikan kepercayaan masyarakat terhadap proses peradilan pidana Indonesia.

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8

Gallmetzer, Reinhold. "Prosecute climate crimes." Our Planet 2017, no. 1 (March 14, 2018): 26–27. http://dx.doi.org/10.18356/94d55e2b-en.

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9

Ayoola, E. Olayinka. "Decision to prosecute." Commonwealth Law Bulletin 17, no. 3 (July 1991): 1032–37. http://dx.doi.org/10.1080/03050718.1991.9986147.

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10

Caine, Philip. "The International Criminal Tribunal for the Former Yugoslavia: Planners and Instigators or Foot Soldiers?" International Journal of Police Science & Management 11, no. 3 (September 2009): 345–57. http://dx.doi.org/10.1350/ijps.2009.11.3.137.

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The International Military Tribunal at Nuremberg prosecuted the most infamous criminals of the Nazi regime whereas the International Criminal Tribunal for the Former Yugoslavia (ICTY) has brought to trial only two of the ‘big guns' of the Balkans conflicts. The aim of this study is to assess the effectiveness of the ICTY in fulfilling its mandate to prosecute those most responsible for serious violations of international humanitarian law committed during the conflicts of the Former Yugoslavia. The research combines a literature-based assessment of the ICTY together with focused interviews of the main decision-makers in the Office of the Prosecutor, and seeks to assess the factors involved in the initiation of investigations and the selection of individuals for indictment. The independence and autonomy of the Prosecutor is identified as one of the most significant factors in the selection of indictees, but whilst the highest ranking individuals were always the main targets for indictment by the Office of the Prosecutor, the findings suggest that a weak mandate, inadequate resources and indifference by the international community forced the hand of the Prosecutor into indicting lower level suspects. Further ad hoc tribunals are planned by the United Nations and the lessons learned from the experience of the ICTY are essential if they are to administer international justice effectively.

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Brady, Patrick Q., and Bradford W. Reyns. "A Focal Concerns Perspective on Prosecutorial Decision Making in Cases of Intimate Partner Stalking." Criminal Justice and Behavior 47, no. 6 (May 3, 2020): 733–48. http://dx.doi.org/10.1177/0093854820915752.

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Despite millions of stalking victims contacting the police each year, suspects are rarely arrested or prosecuted. While prosecutors are ultimately the gatekeepers to holding defendants accountable, few studies have examined the factors influencing charging decisions in stalking cases. Using the focal concerns perspective, this study analyzed 5 years of domestic violence and stalking case outcomes in Rhode Island. Findings indicated that prosecutors were more likely to prosecute stalking cases when defendants evoked fear in the victim and pursued victims in public. The decision to prosecute stalking versus other domestic violence–related charges was motivated by the location of the offense and the defendant’s history of physical abuse toward the victim. Neither extralegal factors nor characteristics of blameworthiness or suspect culpability influenced prosecutorial decision making. Findings underscore the legal complexities of stalking and suggest the need for additional insight on prosecutorial perspectives and strategies to articulate the fear standard in stalking cases.

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Mokrosinska, Dorota. "Why Snowden and not Greenwald? On the Accountability of the Press for Unauthorized Disclosures of Classified Information." Law and Philosophy 39, no. 2 (December 4, 2019): 203–38. http://dx.doi.org/10.1007/s10982-019-09367-1.

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AbstractIn 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and not the press? I consider and reject two arguments. The first claims that the press has special moral claims by virtue of its rights (press freedom) or its role (the Fourth Estate; conduit for information). The second argument states that the leakers commit a greater wrong than the press. I conclude that the current prosecution practice is inconsistent: prosecutors should either prosecute both or neither.

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Greig, J. Michael, and James D. Meernik. "To Prosecute or Not to Prosecute: Civil War Mediation and International Criminal Justice." International Negotiation 19, no. 2 (June 26, 2014): 257–84. http://dx.doi.org/10.1163/15718069-12341278.

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The International Criminal Court (icc) came into force in July 2002 with the potential to drastically alter both the war fighting and peacemaking behavior of states. Theiccis designed to try and subsequently punish those found guilty of war crimes, crimes against humanity, and genocide. Supporters of theicchave argued that its establishment will erode the norm of impunity that state and military leaders have historically enjoyed. Yet, another logic suggests that the initiation of aniccinvestigation or the issuance of an arrest warrant for individuals embroiled in an ongoing dispute may make matters worse. Such individuals may see little reason to stop fighting and reach a settlement if conflict resolution results in their detention in The Hague. Indeed, suspected war criminals and their patrons may wish to escalate their violence in order to avoid showing any sign of weakness or possibility of capitulation lest their enemies press the fight or their rivals seek to undermine their authority. In this article, we explore the potential impact of theiccon the likelihood of peace by examining the impact of actions by theicc– the initiation of investigations into conflict situations and the issuance of arrest warrants for those suspected of committing violations of international law – on the likelihood of mediation. Our findings suggest that whileiccarrest warrants can encourage mediation, the initiation of investigations by theicccan actually undermine the occurrence of mediation.

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Ernberg, Emelie, and Sara Landström. "To prosecute or not to prosecute: Law students' judicial decisions in CSA cases." Scandinavian Journal of Psychology 57, no. 1 (December 16, 2015): 30–35. http://dx.doi.org/10.1111/sjop.12261.

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15

Scalia, Damien. "A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes." International Review of the Red Cross 90, no. 870 (June 2008): 343–57. http://dx.doi.org/10.1017/s1816383108000350.

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AbstractWar crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be met.

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Yost, Mark J., and Douglas S. Anderson. "The Military Extraterritorial Jurisdiction Act of 2000: Closing the Gap." American Journal of International Law 95, no. 2 (April 2001): 446–54. http://dx.doi.org/10.2307/2661425.

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On November 22, 2000, President Clinton signed into law the Military Extraterritorial Jurisdiction Act of 2000, closing a jurisdictional gap that had concerned the military since the 1950s. The new law establishes federal jurisdiction for crimes committed by civilians who accompany military forces outside the United States, as well as crimes by former members of the military who leave active duty before being prosecuted by courts-martial. Jurisdiction to prosecute under the new statute, however, is granted only to U.S. Article III courts and not to courts-martial.

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Gamarra-Amaya, L. C. "Prosecuting child soldiers: legal consequences of the participation of children in the Colombian conflict." Law and Safety 85, no. 2 (June 30, 2022): 131–39. http://dx.doi.org/10.32631/pb.2022.2.12.

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Children have been widely used as pawns in the Colombian armed conflict. International conventions on children’s rights view child soldiers solely as victimized and traumatized; criminalizing the use of children under the age of fifteen in active hostilities. This paper aims to approximate the reality of Colombian child soldiers, versus the approach taken in other jurisdictions, where child soldiers have been the prosecuted in situations of armed conflict. In making this approximation, we attempt to answer the question of whether it is lawful to prosecute former child soldiers in post-conflict Colombia.

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Smeulers, Alette, Maartje Weerdesteijn, and Barbora Hola. "The Selection of Situations by the ICC: An Empirically Based Evaluation of the otp’s Performance." International Criminal Law Review 15, no. 1 (December 17, 2015): 1–39. http://dx.doi.org/10.1163/15718123-01406002.

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The main aim of the International Criminal Court (icc) is to prosecute the most serious crimes of concern to the international community. One of the most valued features of the icc is the independent position of the Prosecutor in selecting situations and cases to investigate. The Prosecutor, however, has been heavily criticized for his selection policy and countries from the African Union even threatened to withdraw from the icc because of its alleged bias and unfair focus on African political leaders. In this article we present the results of our explorative study in which we empirically evaluate the situations selection policy of the icc Prosecutor. We conclude that given the icc’s limited jurisdictional reach, the Prosecutor is generally focusing on the gravest situations where international crimes are supposedly committed.

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Yale, D. E. C. "A Year and a Day in Homicide." Cambridge Law Journal 48, no. 2 (July 1989): 202–13. http://dx.doi.org/10.1017/s0008197300105288.

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On 14 August 1988 the death occurred of Miss Pamela Banyard of Laxenheath. She had been the victim eighteen months previously of a savage and brutal attack for which her assailant was sent to prison for ten years on conviction of attempted murder and robbery. Why was he not convicted of murder? The answer in the words of the Crown Prosecutor: “We cannot prosecute for murder as she died more than a year and a day after the attack.”

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Campbell, Liz. "Trying corporations: why not prosecute?" Current Issues in Criminal Justice 31, no. 2 (April 3, 2019): 269–91. http://dx.doi.org/10.1080/10345329.2019.1613950.

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Spencer, J. R. "CONTROLLING THE DISCRETION TO PROSECUTE." Cambridge Law Journal 71, no. 1 (March 2012): 27–29. http://dx.doi.org/10.1017/s0008197312000074.

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Ahmad, Khabir. "Namibian government to prosecute healers." Lancet 357, no. 9253 (February 2001): 371. http://dx.doi.org/10.1016/s0140-6736(05)71510-5.

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AXWORTHY, LLOYD. "Prosecute Sudan's Leader Over Darfur." New Perspectives Quarterly 26, no. 1 (January 2009): 40–42. http://dx.doi.org/10.1111/j.1540-5842.2009.01047.x.

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Pohan, Sarmadan. "Tinjauan Normatif Kewenangan Penuntutan oleh KPK Atas Tindak Pidana Pencucian Uang." DOKTRINA: JOURNAL OF LAW 2, no. 2 (October 31, 2019): 117. http://dx.doi.org/10.31289/doktrina.v2i2.2615.

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Debate over the issue of the authority of the corruption eradication commission in conducting investigations, investigations and investigators. The purpose of this study is to examine the legal basis for the authority to prosecute KPK for money laundering and the position of the authority to prosecute corruption eradication commissions for money laundering crimes in the future. This research method is normative, in which research of document studies using a variety of secondary data. The results obtained from this study are that the Article 6 of Law Number 30 of 2002 that the KPK only has authority in conducting investigations, investigations and prosecutions of money laundering crimes. In IusConstitutim or what applies in a regulation or better known as the law, the Corruption Eradication Commission does not have the authority to prosecute money laundering, different empirically different from seeing what happens in society that the KPK is deemed necessary to prosecute a laundering crime in TPPU is a double-track criminality in which there is an original and advanced crime, if the money laundering is a further criminal act of corruption as an original criminal act empirically then the Eradication Commission Corruption continues to prosecute because it still have a rights.

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Rodman, Kenneth A. "Why the ICC Should Operate Within Peace Processes." Ethics & International Affairs 26, no. 1 (2012): 59–71. http://dx.doi.org/10.1017/s0892679412000020.

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Is it ethical for the prosecutor at the International Criminal Court (ICC) to consider political factors, such as peace processes, in selecting situations to investigate or cases to prosecute? During the early years of the court, a number of documents and statements from the Office of the Prosecutor (OTP) suggested that there were occasions when it was. Two OTP policy papers issued in 2003 recommended that the prosecutor assess “all circumstances prevailing in the country or region concerned, including the nature and stage of the conflict and any intervention by the international community,” and whether prosecution might “exacerbate or otherwise destabilize a conflict situation.” In the same spirit, the ICC's chief prosecutor, Luis Moreno-Ocampo, referred to his decision-making as a “dialogue between many actors” with a “strategic dimension . . . [that] involves all stakeholders.” This language suggested a process of consultation and coordination with local and international actors involved in conflict resolution to adapt international criminal justice to on-the-ground political realities.

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Tillier, Justine. "The ICC Prosecutor and Positive Complementarity: Strengthening the Rule of Law?" International Criminal Law Review 13, no. 3 (2013): 507–91. http://dx.doi.org/10.1163/15718123-01303001.

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The purpose of this study is to examine the practice of the Prosecutor of the International Criminal Court with regard to his/her policy of positive complementarity. This policy aims at encouraging domestic jurisdictions to investigate and prosecute perpetrators of core international crimes. In order to achieve this goal, the Prosecutor can act at various stages of the proceedings. First at the preliminary examination phase, where he/she will determine if conditions of admissibility are met, and secondly at the investigation and prosecution phases of the proceedings. This study shows that the ability of the Prosecutor to pursue such a policy is real, but limited, as his/her core mandate, is to bring perpetrators of international crimes before the International Criminal Court. Consequently, the implementation of the policy of positive complementarity must be envisioned in collaboration with other actors working on Rule of Law Programs. In this respect, the Prosecutor must engage in cooperation with international organisations and civil society actors.

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Wise, Edward M. "The Obligation to Extradite or Prosecute." Israel Law Review 27, no. 1-2 (1993): 268–87. http://dx.doi.org/10.1017/s0021223700016940.

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This paper is concerned with the alternative obligation to extradite or prosecute contained in multilateral treaties requiring suppression of “international offenses”. Such an obligation appears, for instance, in Article 7 of the Hague Convention for the Suppression of Unlawful Seizure of Aircraft of 1970, and in provisions of other anti-terrorism treaties modelled on the Hague Convention. The first part of this paper considers the extent to which the principle underlying Article 7 of the Hague Convention has been incorporated into multilateral treaties; the second part, the question of the extent to which that principle can be regarded as a norm of customary international law generally applicable to “international offenses” even apart from the specific treaties in which it is embodied.Broadly defined, “international offenses” are offenses on the part of individuals which states have an obligation, usually under a multilateral treaty, to proscribe or prosecute. Such offenses more or less coincide with those which Professor Feller designates asdelicta juris gentium(although he further assumes that all such offenses permit the exercise of “universal jurisdiction”).

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Joutsen, Matti. "Victim Participation in Proceedings and Sentencing in Europe." International Review of Victimology 3, no. 1-2 (January 1994): 57–67. http://dx.doi.org/10.1177/026975809400300204.

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The article reviews the different ways in which victims can influence the course and outcome of criminal proceedings in different European criminal justice systems. The range is from some jurisdictions (such as Greece, the Netherlands and Portugal) where the victim can appear only in the capacity as witness, to others (such as Finland) where there is a general right to prosecute. Even in the systems providing victims with the greatest opportunity for participation, the victim in practice generally leaves prosecution to the public prosecutor. The article concludes by arguing that no one system is ideal from the point of view of the victim.

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Rebitschek, Immo. "Lessons from the Terror: Soviet Prosecutors and Police Violence in Molotov Province, 1942 to 1949." Slavic Review 78, no. 3 (2019): 738–57. http://dx.doi.org/10.1017/slr.2019.232.

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This paper examines the role of state prosecutors in the Stalinist dictatorship by analyzing the conflict between the Procuracy and the police in the Molotov region in the 1940s. This regional case study exemplifies how a Soviet prosecutor, by professional conviction and motivated by personal experience from the Great Terror, engaged in a daily struggle against arbitrariness, imprecise legal work, and police brutality, pressuring police authorities to prosecute their own officials. The paper demonstrates how since 1938 the procuracy articulated and defended (sometimes successfully) the principle of a justice system based on rules, even though these rules were used for the purpose of repression. This eventually enabled post-Stalinist transformation.

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Thynne, Kelisiana. "Better a war criminal or a terrorist? A comparative study of war crimes and counterterrorism legislation." International Review of the Red Cross 103, no. 916-917 (April 2021): 237–66. http://dx.doi.org/10.1017/s1816383121000436.

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AbstractThis article poses the question as to whether and why States overlook the prosecution of people for war crimes rather than terrorist offences, where war crimes would be preferred. It looks at whether a diverse range of States (Afghanistan, Australia, Mali, the Netherlands and the Russian Federation) are able through their domestic legislation to prosecute people for war crimes or for terrorist offences. It considers what the value of prosecutions is theoretically and legally, and what the impact of prosecutions is practically in a State. It proposes that prosecutors, police and judges should ask the question whether an alleged offender should be prosecuted for war crimes and/or terrorist offences with war crimes being the preferred option where there is evidence that they have been committed.

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Boswell, Caroline. "Provoking Disorder: The Politics of Speech in Protectorate Middlesex." Journal of British Studies 53, no. 4 (October 2014): 885–908. http://dx.doi.org/10.1017/jbr.2014.112.

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AbstractThis article explores the impact of the 1654 ordinance against challenges, duels, and provocations. Despite the Council of State's original intentions, this legislation offered non-elites the opportunity to prosecute threatening and abusive language as “provocations,” recasting interpersonal conflicts as dangerous to society rather than to an individual's “common fame.” Indeed, many of the cases prosecuted at the Middlesex sessions centered on “provocative” behavior that questioned normative social and gender relations, revealing how the Protectorate's anti-dueling legislation provided a new weapon in contests over social power. Comparing the creation and implementation of the 1654 ordinance, this article argues that the Protectorate's legislation exposed the connections between the regulation of social interactions and the preservation of the social and political order.

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Richards, Tara N., Marie Skubak Tillyer, and Emily M. Wright. "When Victims Refuse and Prosecutors Decline: Examining Exceptional Clearance in Sexual Assault Cases." Crime & Delinquency 65, no. 4 (February 13, 2019): 474–98. http://dx.doi.org/10.1177/0011128719828351.

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This study examines the predictors of sexual assault case clearance, with a focus on arrest and two types of exceptional clearance: victim refusal to cooperate and prosecutorial declination to prosecute. Using National Incident Based Reporting System (NIBRS) data on crime incidents that contain a sexual offense ( N = 21,977), we estimated a multinomial regression model to examine the predictors of different clearance types for cases of sexual assault. Results indicated that the likelihood of victim refusal decreases in cases perpetrated by strangers, involving victim injury, occurring in public, and involving multiple offenses. A similar pattern of findings was observed for the decision to decline to prosecute a case. In addition, prosecutors are more likely to decline to prosecute cases with male victims and older victims. We discuss the implications of our findings and directions for future research.

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Popova, Maria. "Why Doesn't the Bulgarian Judiciary Prosecute Corruption?" Problems of Post-Communism 59, no. 5 (September 2012): 35–49. http://dx.doi.org/10.2753/ppc1075-8216590503.

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Agnew, Thelma. "Police consultant helps to prosecute violent patients." Nursing Standard 18, no. 31 (April 14, 2004): 5. http://dx.doi.org/10.7748/ns.18.31.5.s6.

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Spencer, J. R. "ASSISTED SUICIDE AND THE DISCRETION TO PROSECUTE." Cambridge Law Journal 68, no. 3 (November 2009): 493–95. http://dx.doi.org/10.1017/s0008197309990122.

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Schmidt, Charles W. "FTC moves to prosecute misleading environmental claims." Environmental Science & Technology 43, no. 21 (November 2009): 8008. http://dx.doi.org/10.1021/es902761q.

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Edelenbos, Carla. "Human Rights Violations: A Duty to Prosecute?" Leiden Journal of International Law 7, no. 2 (1994): 5–21. http://dx.doi.org/10.1017/s0922156500002958.

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In this article, the author gives an overview of the main international legal norms that are relevant to imputiny for human rights violations, and their actual implementation, in order to answer the question whether imputiny is indeed in violation of present day general international law. In this context, attention will also be given to the development towards the establishment of an international criminal tribunal.

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Moyo, Monica P. "Final Report on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare) (Int’l L. Comm’n)." International Legal Materials 54, no. 4 (August 2015): 758–79. http://dx.doi.org/10.5305/intelegamate.54.4.0758.

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At its sixty-sixth session in 2014, the International Law Commission completed its final report on the obligation to extradite or prosecute and submitted it to the United Nations General Assembly for consideration at its sixty-ninth session.1 The report concluded the Commission’s work on a topic the General Assembly had long considered important in states’ efforts to cooperate in the prevention of impunity for crimes of international concern.2 The Commission addressed the implementation of the obligation; gaps in the existing conventional regime; the priority between the obligation to prosecute and the obligation to extradite, and the scope of the obligation to prosecute; the relationship between the obligation with erga omnes obligations or jus cogens norms; the customary international law status of the obligation; and other matters of relevance from the general framework created in 2009 for the Commission’s consideration of the topic.

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Li, Quan. "To Prosecute or Not to Prosecute, That is the Question: Agency Litigation under the Influence of Appellate Courts." Canadian Journal of Political Science 45, no. 1 (March 2012): 185–205. http://dx.doi.org/10.1017/s0008423911000953.

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Abstract. This article examines how institutional uncertainty within the US federal circuit courts influences regulatory agencies' enforcement choices of prosecution or non-prosecution. I argue that the circuits' random assignment of judges and cases creates institutional uncertainty in terms of variation in each circuit's possible rulings with respect to the bureaucracy's policy position. This, in turn, affects agencies' probability of prosecution because the high degree of uncertainty will discourage prosecution, given its cost. In other words, agencies reduce their exposure to judicial review by avoiding prosecution. I use ideological variance within the circuits as a proxy for measuring the circuit courts' internal group dynamics. Large ideological variance indicates high institutional uncertainty and consequently leads to fewer numbers of prosecutions by the bureaucracy. The empirical results based on the prosecution record of the Antitrust Division of the Department of Justice from 1950 to 1994 strongly support the theory.Résumé. L'article analyse comment l'imprévisibilité des décisions judiciaires au niveau des cours d'appel fédérales de circuit influence les décisions par les agences publiques de poursuivre les contrevenants à la règlementation. Je montre que l'attribution des juges et des causes par loterie crée de l'incertitude quant à l'issue des poursuites. L'incertitude réduit la probabilité que les agences publiques entament des poursuites judiciaires étant donné le coût élevé de celles-ci. En d'autres termes, les agences publiques atténuent l'implémentation de la règlementation par crainte de perdre devant des tribunaux imprévisibles. J'utilise une mesure de variance idéologique pour quantifier la dynamique de groupe à l'intérieur des circuits judiciaires. Une grande variance idéologique signifie un résultat incertain et mène à un nombre réduit de poursuites initiées par les agences publiques. Les données empiriques, provenant des registres de la Division Anti-trust du Ministère de la Justice des États-Unis pour la période s'étendant de 1950 à 1994, soutiennent fortement la théorie.

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LAMBERT, CAITLIN. "Environmental Destruction in Ecuador: Crimes Against Humanity Under the Rome Statute?" Leiden Journal of International Law 30, no. 3 (May 29, 2017): 707–29. http://dx.doi.org/10.1017/s0922156517000267.

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AbstractOn 16 March 2016, the Prosecutor of the International Criminal Court (ICC) rejected on jurisdictional grounds a victims’ request to investigate a case of environmental destruction by Chevron in Ecuador. A little over a year later, on 15 September 2016, the Prosecutor released a policy paper indicating that her office would consider hearing cases of environmental destruction. This article examines how the ICC can prosecute environmental destruction as a crime against humanity under Article 7 of the Rome Statute. It presents a survey of the potential jurisdictional and substantive issues of prosecuting environmental issues and uses the victims’ request asking the Prosecutor to investigate environmental destruction by Chevron in the Ecuadorian Amazon as a backdrop. The article proceeds in three parts. Firstly, it discusses the request by the victims in Ecuador asking for the Prosecutor to investigate. Secondly, it sets out the basic jurisdictional framework of the ICC and analyzes why the Prosecutor rejected the victims’ request. Thirdly, it examines Article 7 and concludes that while peacetime environmental destruction committed by a non-state actor that results in a humanitarian atrocity can qualify as a crime against humanity, the factual circumstances alleged in the Ecuadorian victims’ request did not amount to a crime against humanity under the Rome Statute.

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Akbar, Muh Fatahillah. "PROSECUTION OF MONEY LAUNDERING OF PROCEEDS OF CORRUPTION BY ANTI-CORRUPTION COMMISSION (KPK)." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 2 (June 27, 2016): 322. http://dx.doi.org/10.22146/jmh.16732.

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AbstractAs extra ordinary crime, corruption which may be done in several ways is hard to be eradicated. One of the ways is money laundering. The problem which arises is that KPK has no authority to prosecute money laundering of corruption proceed. This research aims to explore the authority to prosecute money laundering of corruption proceed based on existing legislations and to also provide the reform of law regarding to that issue. The research shows that there is no regulation which authorizes KPK to prosecute money laundering. To cope with that problem, the reform of laws is necessary by: First, combining the regulation of money laundering and corruption in one legislation; and Second, authorizing KPK to prosecute money laundering of corruption proceed by putting the authority in a legislation.IntisariSebagai extra ordinary crime, korupsi dengan berbagai modus operandi tidak mudah diberantas. Salah satu modus operandi yang kompleks adalah TPPU. Permasalahan yang timbul dalam TPPU hasil tindak pidana korupsi adalah dimana KPK tidak diberikan kewenangan melakukan penuntutan terhadap TPPU hasil korupsi. Penelitian ini bertujuan untuk mengeksplorasi kewenangan penuntutan terhadap perkara TPPU hasil korupsi dalam hukum positif dan memberikan reformulasi pengaturan terhadap hal tersebut. Hasil penelitian menunjukan bahwa terdapat kekosongan hukum dalam penegakan hukum pada perkara TPPU hasil tindak pidana korupsi yang ditangani KPK. Untuk mengatasi permasalahan tersebut perlu reformulasi peraturan dengan: (1) mengatur secara tersendiri TPPU dalam UU PTPK; dan (2) memberikan kewenangan KPK untuk melakukan penuntutan terhadap perkara TPPU hasil tindak pidana korupsi.

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Danner, Allison Marston. "Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court." American Journal of International Law 97, no. 3 (July 2003): 510–52. http://dx.doi.org/10.2307/3109838.

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The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor belie the radical nature of the new institution. The Court has jurisdiction over genocide, aggression, crimes against humanity, and war crimes—crimes of the utmost seriousness often committed by governments themselves, or with their tacit approval. The ICC has the formal authority to adjudge the actions of high state officials as criminal and to send them to jail, no matter how lofty the accused’s position or undisputed the legality of those acts under domestic law. While the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) also possess this authority, those institutions operate directly under the control of the United Nations Security Council and within narrow territorial limits. The ICC, by contrast, is largely independent of the Council and vests the power to investigate and prosecute the politically sensitive crimes within its broad territorial sweep in a single individual, its independent prosecutor.

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Джуманазарова, Виктория, and Александр Реховский. "International standards activities of the Prosecutor´s office." Advances in Law Studies 5, no. 1 (March 31, 2017): 78–87. http://dx.doi.org/10.12737/19404.

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The Article is devoted to the study of international standards and the activities of prosecutors, which were developed by the International Association of prosecutors in cooperation with the United Nations Office on drugs and crime in 2014. The basis of the adopted recommendations are high standards of ethics and professional conduct of prosecutors in the world. The supporting pillars of these standards are legality, justice, impartiality, respect for human rights and strengthening international cooperation in the name of fighting crime. The marked feature of the activities of the Prosecutor´s office on the basis of it has taken place in the system of state bodies. Highlighted the important points of the prosecution activities, such as the right of the Prosecutor to act according to discretion, including the decision to prosecute or withdraw from such, as well as interaction with members of society on an ongoing basis. The article presents a summary of the rules that may be used by prosecutors in various countries.

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Ingadottir, Thordis. "The ICJ Armed Activity Case – Reflections on States' Obligation to Investigate and Prosecute Individuals for Serious Human Rights Violations and Grave Breaches of the Geneva Conventions." Nordic Journal of International Law 78, no. 4 (2009): 581–98. http://dx.doi.org/10.1163/090273509x12506922939999.

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AbstractIn the Armed Activity Case, the International Court of Justice, found Uganda in breach of various international obligations. In establishing the state responsibility of Uganda, the Court concluded that in the Democratic Republic of Congo the country's troops committed, among other offences, grave breaches of international humanitarian law, as well as serious human rights violations, including torture. According to the Geneva Conventions of 1949 and human rights treaties, these acts should also entail individual criminal responsibility. Furthermore, states have undertaken an obligation to investigate and prosecute individuals for these heinous acts. However,enforcement of that obligation has always been problematic; states have been very reluctant to prosecute their own forces. And without an effective enforcement mechanism at the international level, states have largely gottenaway with this bad practice. In light of the importance of having a state's responsibility support the enforcement of individual criminal responsibility at the national level, the article briefly reflects on the case's impact on individual criminal responsibility. It addresses the issue in two ways. Firstly, it examines a state's obligation to prosecute individuals as a secondary obligation, i.e., inherent in a state's obligation to make reparations for an international wrongful act. Secondly, it explores a state's obligation to prosecute individuals as a primary obligation, undertaken in the Geneva Conventions and human rights treaties. The article concludes thatdespite the clear obligation of a state to enforce individual criminal responsibility for the acts at hand in the Armed Activity Case, and the rear occurrence of having a case of this nature reaching the jurisdiction of the International Court of Justice, where the opportunity to address it and enforce it was largely missed. The nature and submissions in other recent cases at the International Court of Justice indicate that in the near future the Court will have a larger role in enforcing states' obligation to investigate and prosecute serious crimes at the national level.

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Agbor, Avitus, and Derrick T. Cho. "Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis: A Disquisition on the Legal Framework." Potchefstroom Electronic Law Journal 25 (March 9, 2022): 1–29. http://dx.doi.org/10.17159/1727-3781/2022/v25ia11343.

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The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human rights, build a culture of the rule of law and ultimately defeat impunity. Emboldened by the absence of the foregoing, accountability for human rights violations of individuals and the fulfilment of the corresponding duty to prosecute violators have been contentious issues in Africa's politically volatile communities. As states are caught betwixt and between protecting human rights and holding individuals accountable, the questions about the State's fulfilment of its international obligations arises. Sourced primarily from international treaties, customary international law, and general principles of law, the duty to prosecute violations of human rights is revisited with a focus on the theoretical and legal framework. Situated in the context of the ongoing Anglophone Cameroon crisis in which political factions of the English-speaking regions are pitted against the French-speaking dominated Government of Cameroon, and bringing to the fore the violations, which have become an odious scourge, this paper argues that there is a sacrosanct duty on the Government of Cameroon to investigate, prosecute and punish such violations. The paper interrogates the relevant international law instruments and engages in a dialogue with relevant and respectable literature penned by prominent scholars and jurists on the issue of accountability. It provides an analytical disquisition on the duty to prosecute which, as argued herein, must be fulfilled by Cameroon given the violations that have been committed during the ongoing Anglophone Cameroon crisis.

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GURNEY, JOAN NEFF. "FACTORS INFLUENCING THE DECISION TO PROSECUTE ECONOMIC CRIME*." Criminology 23, no. 4 (November 1985): 609–28. http://dx.doi.org/10.1111/j.1745-9125.1985.tb00366.x.

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Powell, Dave. "Assisting Suicide and the Discretion to Prosecute Revisited." Journal of Criminal Law 73, no. 6 (December 2009): 475–79. http://dx.doi.org/10.1350/jcla.2009.73.6.601.

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Hamilton, D. "U.S. attorney decides not to prosecute Imanishi-Kari." Science 257, no. 5068 (July 17, 1992): 318. http://dx.doi.org/10.1126/science.1321499.

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Karim, Md Saiful. "IS THERE AN INTERNATIONAL OBLIGATION TO PROSECUTE PIRATES?" Netherlands International Law Review 58, no. 03 (December 2011): 387–407. http://dx.doi.org/10.1017/s0165070x11300046.

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Augusto de Sousa, Carlos. "Brazilian Federal Military Justice’s Jurisdiction to Prosecute Civilians." Journal of International Peacekeeping 20, no. 3-4 (August 17, 2016): 171–85. http://dx.doi.org/10.1163/18754112-02003003.

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Brazilian Federal Military Justice has received criticism, especially with regard to the jurisdiction to try civilians in peacetime. However, this judgment protects the interests of the military and rests on the most current positivity. There is no incompatibility between the Constitution and the rule established by Article 9 of the Military Criminal Code. The competence therein derives from the legislature’s intention that used the original ratione legis and also the ratione personae criteria to fix it. On the other hand, the doctrine and the Supreme Court understand that the protection of the interests of the Armed Forces are not restricted to the hierarchy and discipline, recognizing the competence of military courts to try civilians, also in the light of its peculiarity. It is important to emphasize the Brazilian Federal Military Justice is neither a martial court nor an administrative tribunal, but a branch of the Judiciary Power. Its guiding principles are in line with the human rights enshrined in the Brazilian legal system and the American Convention on Human Rights. Under the auspices of the adversarial system, the trial of civilians by federal military court does not violate the guarantee of due process, since every process started respects the superior constitutional principles.

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Journal articles on the topic 'Prosecute'

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