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Littérature scientifique sur le sujet « Prosecute »

Auteur : Grafiati

Publié le 9 mars 2023

Mis à jour le 10 mars 2023

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Articles de revues sur le sujet "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, n^o 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, n^o 4 (avril 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, n^o 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, n^o 2 (8 mai 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 et Boaz John Mabula. « Domestic Prosecution of International Crimes in Tanzania : The State of the Law ». Eastern Africa Law Review 47, n^o 2 (31 décembre 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, n^o 1 (30 juillet 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 et Erwin Erwin. « Studi Perbandingan Penuntutan Perkara Pidana dalam Perspektif Sistem Pembuktian Menurut Hukum Acara Pidana Indonesia dan Thailand ». PAMPAS : Journal of Criminal Law 2, n^o 3 (31 décembre 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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Gallmetzer, Reinhold. « Prosecute climate crimes ». Our Planet 2017, n^o 1 (14 mars 2018) : 26–27. http://dx.doi.org/10.18356/94d55e2b-en.

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Ayoola, E. Olayinka. « Decision to prosecute ». Commonwealth Law Bulletin 17, n^o 3 (juillet 1991) : 1032–37. http://dx.doi.org/10.1080/03050718.1991.9986147.

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Caine, Philip. « The International Criminal Tribunal for the Former Yugoslavia : Planners and Instigators or Foot Soldiers ? » International Journal of Police Science & ; Management 11, n^o 3 (septembre 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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Thèses sur le sujet "Prosecute"

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Osborne, P. J. « The control of the discretion to prosecute in Ireland ». Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388172.

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Panov, Stoyan Minkov. « The obligation aut dedere aut judicare ('extradite or prosecute') in international law : scope, content, sources and applicability of the obligation 'extradite or prosecute' ». Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/6521/.

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The thesis focuses on the scope, content, sources and applicability of the obligation aut dedere aut judicare pertaining to certain international crimes such as genocide, war crimes, crimes against humanity, the prohibition of torture, drug trafficking, hijacking of civil aviation and terrorist bombing and financing of terrorism in international law. The general framework of the thesis focuses on the legal base of the obligation aut dedere aut judicare, the scope and content of the obligation, the triggering mechanisms of the duty, and state responsibility for preaches of the obligation. The relevant core crimes and transnational crimes are examined in relation to the obligation, based on and formulated in various multilateral, widely-ratified conventions and state practice. State practice and opinio juris indicate that a customary aut dedere aut judicare duty has formed or crystallized for certain international crimes such as the prohibition of torture, genocide, grave breaches of international humanitarian law, including war crimes, and crimes against humanity. As regards the offences against the safety of civil aviation and hijacking, terrorism-related crimes, international drug trafficking, and crimes against UN personnel, the evidence is mixed and it is more appropriate to conclude that an emerging custom of the obligation 'extradite-or-prosecute' for these crimes is forming.

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Abo-Hameed, Meethaq. « An international criminal framework to prosecute the legacy of forced internal displacement in Iraq ». Thesis, Bangor University, 2017. https://research.bangor.ac.uk/portal/en/theses/an-international-criminal-framework-to-prosecute-the-legacy-of-forced-internal-displacement-in-iraq(72ce4a02-5e19-4c2b-b46e-8f334a23e2a6).html.

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This thesis examines the question of whether the Iraqi High Criminal Tribunal, as a domestic court relying on international law, respected the principle of nullum crimen sine lege when prosecuting the Ba’ath Party legacy of internal displacements under the heading of forcible transfer as an international crime per se. If it did not do so, then which other international criminal frameworks, the thesis enquires, would have been adequate and valid? The research focuses on internal displacements in the cases of Al-Dujail, the Marshlands population and the Al-Anfal campaigns. These cases are significant in relation to the aforementioned principle, especially since there are some that have yet not been tried. The research conducted doctrinal legal research, and employed both primary and secondary resources: scholarly writings and publications, case law, Iraqi laws, instruments of international tribunals, international conventions and reports. The key findings establish that the reliance on international law to criminalize the Ba’ath Party legacy did not challenge the principle of nullum crimen sine lege. However, this was not the case with the criminalization of acts of internal displacement under the heading of forcible transfer as an international crime per se, whether under the category of crimes against humanity or that of war crimes in internal armed conflict. The research findings are that the Iraqi High Criminal Tribunal derived these categories from the Rome Statute and applied them retroactively. This Statute, however, entered into force only in July 2002, and forcible transfer was not recognised as a category of crime under international law during the periods when the Ba’ath Party abuses took place. Under international law at that period, forcible transfer was recognised as a war crime only in international armed conflicts; as a sub-heading of the crime of apartheid, and as a sub-heading of the crime of genocide through the transfer of children. These three exemplars were not applied to the Iraqi cases, and thus there is a considerable gap between the practice of the Iraqi High Criminal Tribunal and international law. The research therefore suggests alternative criminal frameworks: it demonstrates that the crime of persecution, the crime of other inhumane acts, and the crime of genocide through the sub-headings of both ‘causing serious bodily or mental harm’ and ‘inflicting conditions of life to bring a group about its physical destruction’ can serve to criminalize the Iraqi cases of internal displacement, particularly since these crimes were well established in customary international law and/or treaty law at the material time. The research concludes that violation of the principle of nullum crimen sine lege threatens the legitimacy of the Iraqi trials. It is therefore recommended that Iraqi legislators and judges should take the opportunity to amend Iraqi law and the Statute of the Iraqi High Criminal Tribunal to ensure that trials dealing with the Ba’ath legacy, or with future atrocities, are in line with the principle of nullum crimen sine lege and with international law. Finally, this work concludes with some suggestions that would help to ensure that similar trials, procedures, punishments and other criminal acts or frameworks in the future do not violate the principles of criminal law.

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Barata, Paula C. « Battered women's evaluations of two criminal justice policies designed to arrest and prosecute more batterers ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0010/MQ52508.pdf.

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Landström, Lena. « Åklagaren som grindvakt : En rättsvetenskaplig studie av åklagarens befogenheter vid utredning och åtal av brott ». Doctoral thesis, Umeå universitet, Juridiska institutionen, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-42952.

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In Sweden an oral hearing, the trial, is held as the ideal model for the criminal procedure and according to the legality principle reported crimes ought to be investigated and prosecuted. Over time high levels of reported crimes have led to an increase in pressure on the courts and other actors in the criminal process. This pressure has created new ways of dealing with reported crimes in summary procedures and to exceptions from the legality principle. Such changes have given the prosecutor a key role in deciding how cases are dealt with in the criminal process. The purpose of this thesis is to examine the Swedish public prosecutor’s influence on the choice of cases that are investigated, prosecuted and tried in court during a trial. The study examines the prosecutors’ legal authority and how that authority has changed from the time that the Code of Judicial Procedure came into force in 1948 to the beginning of 2011. A starting point for the examination is that investigating, prosecuting and trying cases in the criminal process should be carried out in a way that is considered to be fair according to societal values, which are embedded in the legal system. Both decisions about which cases will be tried and the procedure involved in how to try them has to be performed in a way that seems to be fair. In the study the values that underlie the criminal process is examined through a model. This model assumes that the criminal process has been created and developed to satisfy different requirements, which can be separated into three main groups: the functions of the criminal process, legal principles and the main objectives of a good administration of justice. The model is used to analyze and discuss the development of the legal rules. The prosecutor’s authority and influence over the process has broadened and the use of summary procedures has served to place the focus on the police investigation instead of the trial. Among the objectives of a good administration of justice Speed and Cost effectiveness are considered to be more important than Security. As long as the Trust in the system is sufficient this development can continue. A conclusion from the study is that there is a need for some actor to prioritize and to do that openly. In the study the issue is raised whether it is time to question the legality principle as the main principle for the Swedish legal system.

Förlagsutgiven med 3 månaders embargo.

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Moller, Cord-Hendrik. « South African obligation under international law to prosecute and punish perpetrators of gross human rights violations and to provide compensation for victims ». Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4721.

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Countries undergoing a transitional process face multiple problems and challenges. The process of transformation from a dictatorial, anti-democratic or authoritarian state into a constitutional democracy which respects the rule of law and the fundamental human rights of its citizens is a difficult and strenuous one. Often equipped with only limited financial resources, many newly elected, democratic governments find themselves confronted with a variety of urgent problems waiting to be resolved: the civil service and the judiciary need to be restructured or reformed, jobs must be created for the hundreds of thousands of unemployed, the economy must be put back on the right track and the poor have to be provided with housing, food and health care. While the extent and nature of these and other challenges naturally vary considerably, depending on the circumstances and the specific situation of the state concerned, there is one issue which has to be faced almost inevitable by every transitional society: the question of how to deal with its own troubled past. Broadly speaking, there are three different approaches for dealing with a burdensome past. Firstly, there is the option to move on, to focus on the future and simply to forget the conflicts of the past. This option is generally characterised by a general amnesty for the perpetrators of the old regime, shielding those who committed atrocities and gross violations of human rights from any criminal prosecutions. Spain is probably the most prominent example for a country having chosen this way but amnesty laws have also been passed, inter alia, in Argentina, Brazil, Chile, Guatemala, Sierra Leone and Uruguay. Secondly, there is the option to prosecute and punish gross human rights offenders and to hold accountable the members of the old regime. In Greece for instance, 18 Generals were convicted for high treason only months after the end of their military dictatorship. Ethiopia is another example for a country having opted for this approach while Rwanda has decided to reappraise its gruesome past by a combination of international and national criminal prosecutions. Finally, there is the option to employ alternative mechanisms and procedures like truth commissions and other non-penal measures. This is, so to speak, the middle course between the two extremes of general amnesties and criminal prosecutions. Numerous truth commissions have been set up so far in countries as different as Argentina, Chile, Guatemala, Timor-Leste, Morocco, Sierra Leone or South Africa, just to mention the most prominent examples. As divergent as these commissions in each of these different countries might have been, they all were established to investigate and verify past human rights violations, to give victims of grave human rights abuses a forum to tell their stories and to acknowledge officially what happened during certain dark and painful periods in their respective countries' histories. This option tries to strike a balance between the need to reappraise a country's past on the one hand and the necessity to preserve its still young and vulnerable democracy on the other.

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Materu, Sosteness F. « The prosecution of international crimes in respect of the Democratic Republic of the Congo : critical evaluation of the factual background and specific legal considerations ». Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5628_1307603309.

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The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.

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Cinnamond, Martin. « Order versus justice : an assessment of the challenges faced by the Commission of Experts and the International Criminal Tribunal for the former Yugoslavia during their attempts to investigate and prosecute atrocity crimes ». Thesis, University of Leeds, 2006. http://etheses.whiterose.ac.uk/769/.

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The English School focuses on the issue of humanitarian intervention, because "it poses the conflict between order and justice in international relations in its starkest form. " This thesis posits that international investigations and prosecutions of atrocity crimes poses the conflict between order and justice in international relations in an equally stark form. Diplomatic attempts to facilitate a negotiated settlement to an armed conflict (order) may be undermined by attempts to investigate and prosecute atrocity crimes (justice), particularly where individuals deemed crucial to any settlement become the specific focus of investigations. Similarly, attempts to arrest individuals indicted for atrocity crimes (justice) in post-conflict environments, may in some instances lead to the nascent, fragile peace (order) breaking down where their supporters retain the capacity to act in a destabilising manner. The thesis explores these tensions between order and justice by focusing on the challenges faced by the Commission of Experts and the International Criminal Tribunal for the former Yugoslavia during their attempts to investigate and prosecute atrocity crimes.

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Colella, A. « GLI OBBLIGHI SOVRANAZIONALI DI TUTELA PENALE ». Doctoral thesis, Università degli Studi di Milano, 2012. http://hdl.handle.net/2434/174255.

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This doctoral thesis deals with the obligations to have in place effective criminal law provisions, to prosecute and to punish the authors of international crimes arising from the various branches of international law, and approaches the problems relating to the compatibility of those obligations with Italian constitutional framework and with human rights.

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TAVASSI, LUDOVICA. « L'onere della prova nel processo penale ». Doctoral thesis, Università degli Studi di Milano-Bicocca, 2019. http://hdl.handle.net/10281/241129.

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La tesi si è occupata dell’analisi dei risvolti processuali dell’onere della prova all’interno degli accertamenti giurisdizionali di parte. Per analizzare compiutamente il tema, l’impianto dell’elaborato è stato articolato in tre capitoli. Nel primo, partendo dalla considerazione delle teorie generali in ordine alle situazioni giuridiche soggettive e alle modalità deontiche, si è proteso per quelle posizioni dottrinali che, negando un’autonoma identità giuridica alla figura di onere, hanno ritenuto opportuno configurarlo come un elemento di struttura delle fattispecie complesse di potere. Nel secondo capitolo, lungo un’osservazione più specificamente calata nelle dinamiche processuali, si è proceduto ad osservare come l’onere della prova acquisti un ruolo centrale nelle verifiche cognitive laddove, per un verso, esso descrive la situazione soggettiva di potere esercitata dall’attore che rivendica nel giudizio un proprio diritto, e, per l’altro, implica la regola di giudizio che orienta la decisione nel caso in cui, terminato l’accertamento, permanga l’incertezza sullo stato delle situazioni materiali da verificare. Il luogo di elezione in cui il principio dell’onere della prova ha trovato la sua collocazione naturale è il processo civile. Qui, vigendo il principio dispositivo, in virtù del diverso standard decisorio della probabilità prevalente, l’opportunità di introdurre o meno i mezzi di prova a sostegno della pretesa attorea resta una libera scelta della parte che, per ottenere una pronuncia in proprio favore, deve, appunto, onerarsi di allegare la prova. Nel corso del terzo capitolo, si è proceduto ad analizzare come nel processo penale, invece, considerata l’indisponibilità della materia, non si possa parlare di un onere per l’accusa, ma di un dovere di prova in virtù del portato normativo dell’art. 112 Cost. In base ad esso, quindi, il pubblico ministero non è libero di presentare la domanda, ma ha l’obbligo di farlo quando ne ricorrono i presupposti. Al contempo, egli ha dunque un corrispettivo dovere di prova in sostegno dell’imputazione per la verifica dibattimentale (prosecuzione dell’azione). Dunque, una volta superata l’udienza preliminare, il pubblico ministero non è titolare, rispetto all’adduzione dei mezzi di prova, di una posizione di potere; piuttosto egli ha un dovere di prova che in caso di mancato assolvimento dovrà essere giuridicamente sanzionato e non potrà semplicemente essere supplito da quello che, in questo caso, si rivelerebbe come un abusivo esercizio da parte del giudice del potere di acquisire la prova d’ufficio. Quest’ultimo aspetto, infine, ha offerto lo spunto per osservare in che modo possa definirsi la portata dell’art. 507 c.p.p. senza intaccare l’imparzialità del giudizio. Il dubbio ragionevole, nell’area dell’accertamento definita dalla presunzione di innocenza, non può attagliarsi su un quadro probatorio rimasto, per negligenza o per imperizia dell’accusatore pubblico, incompleto rispetto agli esperimenti di prova disponibili e dunque adducibili al processo.
The thesis dealt with the analysis of the trial implications of the burden of evidence within the jurisdictional verification of the party. To fully analyze the theme, the layout’s project has been divided into three chapters. In the first, starting from the consideration of general theories in relation to subjective juridical situations and deontic modalities, the paper leaned over those doctrinal positions which, by denying an autonomous juridical identity to the burden figure, considered it appropriate to configure it as a structural element of the complex cases of power. In the second chapter, along an observation more specifically related to the trial’s dynamics, we proceeded to observe how the burden of evidence acquires a central role in cognitive verifications where, on the one hand, it describes the subjective situation of power exercised by the actor claiming a right in the judgment, and, for the other, implies the rule of judgment that directs the decision in the case in which, once the proof assessment has been completed, remains the uncertainty about the state of the material situations to be verified. The election place which the principle of the burden of evidence finds its natural place is the civil process. Here, in keeping with the device principle, by virtue of the different decision-making standard of the prevailing probability, the opportunity to introduce or not the evidence supporting the alleged claim remains a free choice of the party who, to obtain a sentence in his favor, have to attach the proof. During the third chapter, we proceeded to analyze how, in the criminal trial, however, considering the unavailability of the matter, we can not speak of a evidential burden for the accusation, but a duty of evidence by virtue of the legislative art. 112 of the Constitution. Accordingly, therefore, the public prosecutor is not free to present the request, but he has the obligation to do this when the conditions are met. At the same time, he therefore has a corresponding duty of evidence in support of the indictment for the verification of the proceedings (continuation of the prosecution). Therefore, once the preliminary hearing is over, the public prosecutor does not hold a position of power in relation to the evidence; rather, he has a duty to prove that in the event of failure to comply he must be legally sanctioned and can not simply be compensated by the judge. In this case, his intervention would be an abusive exercise by the judge of power to acquire evidence by himself. Lastly, this last aspect offered the opportunity to observe how the the art. 507 c.p.p. can work without affecting the impartiality of the judgment. Reasonable doubt, in the assessment area defined by the presumption of innocence, can not be based on a probative framework left not complete for a negligent or inexperienced behavior of the public prosecutor, incomplete compared to the available trial experiments and therefore adductible to the trial.

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Livres sur le sujet "Prosecute"

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Colson, Deborah. Tortured justice : Using coerced evidence to prosecute terrorist suspects. New York, NY : Human Rights First, 2008.

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Massachusetts Continuing Legal Education, Inc. (1982- ), dir. Securities litigation demystified : How to prosecute and defend major securities actions. Boston, MA (20 West St., Boston 02111) : MCLE, 1990.

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Committee, United States Commission on Civil Rights Indiana Advisory. The decision to prosecute drug offenses and homicides in Marion County, Indiana. Chicago : U.S. Commission on Civil Rights, Midwestern Regional Office, 2001.

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M, Wise Edward, dir. Aut dedere aut judicare : The duty to extradite or prosecute in international law. Dordrecht : M. Nijhoff, 1995.

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Fernando, J. Basil. The inability to prosecute : Courts and human rights in Cambodia and Sri Lanka. Hong Kong : Future Asia Link, 1993.

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B, Peloquin James, et Massachusetts Continuing Legal Education, Inc. (1982- ), dir. How to evaluate, prosecute, and defend construction tort cases : Regulatory, insurance and contractual issues. [Boston, Mass. (Ten Winter Pl., Boston 02108-4751)] : Massachusetts Continuing Legal Education, 2003.

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Institute for Security Studies (South Africa), dir. Failing to prosecute ? : Assessing the state of the National Prosecuting Authority in South Africa. Pretoria : Institute for Security Studies, 2012.

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(Organization), Human Rights Watch. Uniform impunity : Mexico's misuse of military justice to prosecute abuses in counternarcotics and public security operations. New York, NY : Human Rights Watch, 2009.

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R, Hoffman Thomas, et American Bar Association. Section of Litigation., dir. Patient rights in the era of managed care : How to defend or prosecute a case against an HMO. [Chicago, Ill.] : American Bar Association, 1997.

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Sinclair-Webb, Emma. Protesting as a terrorist offense : The arbitrary use of terrorism laws to prosecute and incarcerate demonstrators in Turkey. New York, NY : Human Rights Watch, 2010.

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Chapitres de livres sur le sujet "Prosecute"

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Rodman, Kenneth A. « Duty to Prosecute ». Dans Encyclopedia of Global Justice, 284–87. Dordrecht : Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_717.

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Gilchrist, Elizabeth. « Deciding to Prosecute ». Dans Practical Psychology for Forensic Investigations and Prosecutions, 165–82. West Sussex, England : John Wiley & Sons, Ltd, 2008. http://dx.doi.org/10.1002/9780470713389.ch9.

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Close, Josepha. « The obligation to prosecute ». Dans Amnesty, Serious Crimes and International Law, 115–45. Abingdon, Oxon ; New York, NY : Routledge, 2019. | : Routledge, 2019. http://dx.doi.org/10.4324/9781351180238-5.

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Łoś, Maria, et Andrzej Zybertowicz. « The Failure to Prosecute Communist Crimes ». Dans Privatizing the Police-State, 186–97. London : Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1057/9780230511699_9.

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Battini, Michele. « To Prosecute and Portray the Enemy ». Dans The Missing Italian Nuremberg, 1–24. New York : Palgrave Macmillan US, 2007. http://dx.doi.org/10.1057/9780230607453_1.

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Butler, Paul. « How Can You Prosecute Those People ? » Dans How Can You Represent Those People ?, 15–27. New York : Palgrave Macmillan US, 2013. http://dx.doi.org/10.1057/9781137311955_2.

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Restrepo, Elvira María. « Fear to Accuse and Fear to Prosecute ». Dans Colombian Criminal Justice in Crisis, 101–16. London : Palgrave Macmillan UK, 2003. http://dx.doi.org/10.1057/9781403920140_4.

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Leng, Roger, Michael McConville et Andrew Sanders. « Researching the Discretions to Charge and to Prosecute ». Dans Unravelling Criminal Justice, 119–37. London : Palgrave Macmillan UK, 1992. http://dx.doi.org/10.1007/978-1-349-22044-1_5.

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Toole, Kellie. « The Decision to Prosecute – The Accountability of Australian Prosecutors ». Dans The Evolving Role of the Public Prosecutor, 232–48. New York, NY : Routledge, 2019. | Series : Directions and developments in criminal justice and law ; 3 : Routledge, 2018. http://dx.doi.org/10.4324/9780429467547-16.

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Werle, Gerhard. « E. Universal Jurisdiction, the Duty to Prosecute, Transitional Justice ». Dans Principles of International Criminal Law, 62–78. The Hague : T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-559-9_5.

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Actes de conférences sur le sujet "Prosecute"

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Nottegar, M., T. Gauthier, S. Pakianathan et Y. Lamontagne. « ROYAL CANADIAN NAVY - FIGHTING THE INTERNAL BATTLE WITH A BATTLE DAMAGE CONTROL SYSTEM AND EMBEDDED KILL CARDS ». Dans 14th International Naval Engineering Conference and Exhibition. IMarEST, 2018. http://dx.doi.org/10.24868/issn.2515-818x.2018.026.

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Naval ships are designed for deployment in extreme and dangerous environments. In order to meet their external battle requirements and achieve mission success naval ships must maintain their ability to Float, Move and Fight. All actions taken to contain and prosecute damage, and repair and restore the capability to support the External Battle are recoverability actions and form what is called the Internal Battle. Through the ongoing development of a Battle Damage Control System and embedded Kill Cards the Internal Battle is better prosecuted through improved picture compilation, system monitoring plus personnel accountability.

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Liu, Zhong, Xiao-Guang Gao et Xiao-Wei Fu. « Coalition formation for multiple heterogeneous UAVs cooperative search and prosecute with communication constraints ». Dans 2016 Chinese Control and Decision Conference (CCDC). IEEE, 2016. http://dx.doi.org/10.1109/ccdc.2016.7531261.

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Behrendt, Marcus, Daniela Johannmeyer, Bertram Wortelen, Marcel Saager, Jacqueline Klimmek et Alexander Steinmetz. « An Integrated Approach for More Efficiency in Maritime Investigations ». Dans 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002508.

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Incidents such as pollution or smuggling occur regularly at sea. These incidents needto be investigated by the responsible authorities in order to minimise consequentialdamage and prosecute those responsible. However, the current procedures used byinvestigators are very ineffective. That is why we have developed a software toolcalled Smart Profiling Engine (SPE). This tool supports investigators in their workand should lead to greater efficiency. In this paper, we present both the tool and astudy design that we will use to evaluate its efficiency compared to the traditionalinvestigation method.

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Krūmiņš, Mārcis. « Tiesību un pienākumu “līdzsvars” ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.21.

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The article deals with an issue related to the performance of the judge’s duty. The judge did not rule on one of the several questions raised by the plaintiff. The Senate of the Supreme Court of the Republic of Latvia has included in the case law a decision in which it has been established that the plaintiff, without exercising his right to submit a request to the court for making an additional judgment, has lost that case. At the same time, the Senate of the Supreme Court did not take any action to prosecute a judge who had not fulfilled his duty imposed on him by law – to decide all claims filed. The article addresses these issues and provides an explanation of the importance and impact of the exercise of rights and obligations on society as a whole.

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Aziz Sadiq Kasnazany, Taib. « Prosecute and punish the perpetrators of sexual violence against Yazidis as a crime against humanity, even the possible genocide committed by ISIS ». Dans Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/61.

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"Abstract On the 3rd of August 2014, ISIS fighters attacked the Sinjar region in northern of Iraq, mostly populated by Yazidis, a religious minority. In almost 3 days, most of the villages in the region were vacated and their residents captured. These events mark the beginning of a campaign of extreme violence that has left men and women apart. Adult men were massacred while girls and women were held for sale as sex slaves. More than 7 years after these events, no prosecution has been brought by International Criminal Court. States are unwilling to try their nationals guilty of crimes of genocide against the Yazidis. This paper aims to analyze the genocide of the Yazidis from the perspective of sexual violence and in particular to determine whether it can be considered to the status of genocide. The origins and legal sources of the genocide are first analyzed. This violence is then examined in the light of certain elements constituting the crime of genocide. Finally, the challenges to be met in the fight against impunity in International Criminal Court are mentioned in the conclusion."

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Barranco Donderis, Alejandro. « The perceptive experience of the heritage landscape ». Dans HERITAGE2022 International Conference on Vernacular Heritage : Culture, People and Sustainability. Valencia : Universitat Politècnica de València, 2022. http://dx.doi.org/10.4995/heritage2022.2022.15660.

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Education on heritage environments based on user experience is committed to understanding and enhancing the heritage landscape. The proposal prioritizes "experimenting" over "explaining" to reduce the digital divide and to guarantee equal access to information and knowledge. The urban environment of the church of the Santos Juanes is one of the most characteristic places in the history of the city of Valencia. In the same environment there are emblematic monuments such as the Lonja de la Seda and the Mercat Central of Valencia. Despite all of the above, the landscape has suffered considerable deterioration in recent decades. The lack of a safe urban space, the weak treatment of urban connections to monuments and the physical deterioration of the building have been the factors that have caused the creation of an environment conducive to alienating behaviors with the place. The high degree of alienation has led to the production of campaigns to prevent and prosecute these behaviors by the municipal administration, however there are no proposals to help understand and know these places. Currently, the redevelopment works of this environment are being undertaken, so it is of interest to propose an educational proposal about the heritage area to stimulate interest, learning, experience and exploration. Visits and workshops on the interpretation and sensitive experience of the cultural landscape bring citizens closer to experiencing the church of the Santos Juanes in a way not based on a data compilation discourse. In conclusion, experiencing, knowing and sharing these environments strengthens the relationship between citizens and their cultural heritage. At the same time, these exercises help to collect information on how citizens perceive and value their heritage environments.

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Zhang, Gengrui, et Hans-Arno Jacobsen. « Prosecutor ». Dans Middleware '21 : 22nd International Middleware Conference. New York, NY, USA : ACM, 2021. http://dx.doi.org/10.1145/3464298.3484503.

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Herselman, Marlien, et Matt Warren. « Cyber Crime Influencing Businesses in South Africa ». Dans InSITE 2004 : Informing Science + IT Education Conference. Informing Science Institute, 2004. http://dx.doi.org/10.28945/2838.

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This study shows that cyber crime is a recent addition to the list of crimes that can adversely affect businesses directly or indirectly. This phenomenon was not directly prosecutable in South Africa until the enactment of the ECT Act in July 2002. However this Act also prevents businesses to fully prosecute a hacker due to incompleteness. Any kind of commercially related crime can be duplicated as cyber crime. Therefore very little research appears or has been documented about cyber crime in South African companies before 2003. The motivation to do this study was that businesses often loose millions in cyber attacks, not necessarily through direct theft but by the loss of service and damage to the image of the company. Most of the companies that were approached for interviews on cyber crime were reluctant to share the fact that they were hacked or that cyber crime occurred at their company as it violates their security policies and may expose their fragile security platforms. The purpose of this study was to attempt to get an overall view on how South African businesses are affected by cyber crime in the banking and short term insurance sector of the South African industry and also to determine what legislation exist in this country to protect them. The case study approach was used to determine the affect of cyber crime on businesses like banks and insurance companies and higher education institutions. Each case was interviewed, monitored and was observed over a period of a year. This study discloses the evaluation of the results of how cyber crime affected the cases, which were part of this study. The banks and higher education institutions felt that they were at an increased risk both externally and internally, which is likely to increase as the migration towards electronic commerce occurs. The insurance industry felt that they are not yet affected by external cyber crime attacks in this country.

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Мальцагов, И. Д., et Х. И. Магомадов. « PROSECUTOR'S REFUSAL TO CHARGE ». Dans «АКТУАЛЬНЫЕ ВОПРОСЫ СОВРЕМЕННОЙ НАУКИ : ТЕОРИЯ, ТЕХНОЛОГИЯ, МЕТОДОЛОГИЯ И ПРАКТИКА». Международная научно-практическая онлайн-конференция, приуроченная к 60-ти летию член-корреспондента Академии наук ЧР, доктора технических наук, профессора Сайд-Альви Юсуповича Муртазаева. Crossref, 2021. http://dx.doi.org/10.34708/gstou.conf.2021.11.54.002.

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В статье рассматривается вопрос о возможности отказа от обвинения на стадии предварительного слушания. Указано, чем отказ от обвинения отличается от изменения обвинения. Авторы анализируют возможные варианты отказа прокурора от обвинения, дают классификацию видов и оснований такого отказа. Решается вопрос о том, в какой форме возможен отказ прокурора от обвинения, обосновывается необходимость согласования позиции государственного обвинителя с прокурором, утвердившим обвинительное заключение и поручившим поддержание обвинения. Дается оценка соблюдению прав потерпевшего при реализации государственным обвинителем права на отказ от обвинения. Приведена возможная структура речи государственного обвинителя в судебных прениях при отказе от обвинения. Предлагается внести в уголовно-процессуальное законодательство Российской Федерации некоторые изменения. The article discusses the possibility of abandoning the charge at the preliminary hearing stage. It is indicated how the refusal of the charge differs from the change of the charge. The authors analyze the possible options for the prosecutor's refusal to charge, give a classification of the types and grounds for such refusal. The question of the form in which the prosecutor's refusal from the prosecution is possible is resolved, and the need to coordinate the position of the public prosecutor with the prosecutor who approved the indictment and entrusted the prosecution with maintaining the prosecution is justified. An assessment is made of the observance of the rights of the victim in the exercise by the public prosecutor of the right to refuse to charge. The possible structure of the speech of the public prosecutor in the judicial debate when rejecting the charge is given. It is proposed to make some changes to the criminal procedure legislation of the Russian Federation.

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Filippova, Olga, Maria Shodonova, Ruslan Bazhenov et Nina Kononkova. « Reasonability of Liability to be Prosecuted for Denial of Information to Citizens ». Dans XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.005.

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Rapports d'organisations sur le sujet "Prosecute"

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Byrn, David R., et Sr. Effectiveness of U.S. Grand Strategy to Prosecute Global War on Terrorism. Fort Belvoir, VA : Defense Technical Information Center, mai 2004. http://dx.doi.org/10.21236/ada423363.

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Cormier, Monique. Can the ICC prosecute Putin, the head of a non-member state ? Sous la direction de Reece Hooker. Monash University, mai 2022. http://dx.doi.org/10.54377/0212-1b60.

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Skelton, Tracey S. Transforming the Command and Control Structure of US Special Operations Command to Prosecute the Global War on Terrorism. Fort Belvoir, VA : Defense Technical Information Center, mai 2004. http://dx.doi.org/10.21236/ada423693.

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Smiegocki, Victoria, Pamela R. Metzger et Andrew L. B. Davies. Fewer, Not Fairer. SMU Dedman School of Law, novembre 2021. http://dx.doi.org/10.25172/dc.4.

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In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.

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Hambrey, John, Paul Medley, Sue Evans, Crick Carlton, Carole Beaumont et Tristan Southall. Evidence gathering in support of sustainable Scottish inshore fisheries : work package (6) final report : integrating stock management considerations with market opportunities in the Scottish inshore fisheries sector – a pilot study. Marine Alliance for Science and Technology for Scotland (MASTS), 2015. http://dx.doi.org/10.15664/10023.24677.

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In June 2014, Hambrey Consulting successfully responded to a call for tenders for research to undertake a pilot assessment of the potential economic and associated benefits of establishing minimum market landing size (MMLS) in excess of minimum legal landing size (MLS) for shellfish; and to evaluate if such an intervention could be undertaken at a regional level. The project was originally conceived as including 3 case studies, but the scope of the research led us to focus mainly on the trawl and creel fishery for Nephrops prosecuted by the fleet based in Skye and SW Ross. The basic framework for the assessment approach was to: Develop an economic profile of the case study area and its fishing fleet; Review and synthesise existing data on size profile of the catch, the factors that affect size, including costs associated with individual (vessel) actions or strategies to increase the size profile of the catch; Analyse market and market trends, and the prices for different sizes of product; Develop economic models of representative fishing enterprises, taking account of the relationships between costs and returns and the size profile of the catch; Use plausible scenarios to explore likely short term economic consequences of any changes in MMLS; Use yield and utility per recruit analysis to explore possible yield benefits associated with increased MMLS.

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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.

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Melton, Patricia A. Enacting an Improved Response to Sexual Assault : A Criminal Justice Practitioner’s Guide. RTI Press, juillet 2020. http://dx.doi.org/10.3768/rtipress.2020.op.0066.2007.

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Résumé :

Sexual assault is a violent crime that traumatizes individual victims and endangers entire communities. Every victim of sexual assault deserves an opportunity for justice and access to the resources they need to recover from this trauma. In addition, many perpetrators of sexual assaults are serial offenders who also commit other violent crimes, including armed robberies, aggravated assaults, burglary, domestic violence, and homicides, against strangers and acquaintances. Criminal justice agencies have the power to create a strategic, sustainable plan for an improved response to sexual assault that aligns with current best practices and national recommendations. In this document, we define an “improved response” as an approach that supports effective investigation and prosecution of sexual assault cases, holds perpetrators accountable, and promotes healing and recovery for victims of sexual assault. This guide will help prosecutor and law enforcement agencies create a process with milestones, goals, and suggested actions, all designed to support a successful and sustainable approach for addressing sexual assault cases. Improving the criminal justice system’s response to sexual assault ultimately improves public safety and promotes trust between criminal justice agencies and the communities they serve.

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