The present work deals with the institutes of a pardon and amnesty and their utilization in the Czech Republic. It focuses on the current domestic legislation and its application by the particular decisions of the presidents of the republic. The author points out the advantages and disadvantages of the current legal regulation. The aim of the work is to provide a summary of the issues and to suggest eventual alterations of the current legislation. The work is, apart from the introduction and the conclusion, composed of five chapters. The first one introduces into the subject of the work and characterises the institute of a pardon and amnesty and their three forms, i.e. a pardon and a mitigation of penalties imposed by the court, a suspension of criminal proceedings and a deletion of a sentence. The second chapter deals with the regulation of the institutes. First, it presents history of this regulation and afterwards it analyses current legal regulations contained in the Constitution of the Czech Republic and others laws. The third chapter concerns just the institutes of a pardon. It focuses primarily on the presidential orders delegating a part of his power to Minister of Justice and also on the proceeding of a grand pardon. At the end of the chapter, there is the utilization rate of the pardon institute...

The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...

1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...

The aim of this study was to outline how the media image of the Václav Klaus' amnesty, brought by four Czech dailies in the first half of 2013, looked like and what editorial procedures were used by these media. The research focused on Mladá fronta Dnes, Hospodářské noviny, Právo and Haló noviny. From the methodological point of view it was a long-term research during the first six months of 2013. Articles that contained the keyword amnesty, belonged to the period under review, published in the selected newspapers and for which Anopress database assessed score of at least 90 % were included as a part of the final data collection. After eliminating duplicated and irrelevant articles, 448 units remained and these were subsequently analyzed by the quantitative content analysis. The work itself was divided into several parts, which gave to the analysis a final "form". In the first, theoretical part, were briefly mentioned basic theoretical approaches related to the research. The second part presented a practical section that put the event in the sufficient context. The methodological part outlined steps of the content analysis and also defined the main and subsidiary research questions and relevant hypotheses. Finally, in the last, fourth - analytical, part were answered partial research questions and answers...

South Africa has already implemented three tax–amnesty programmes: the Second Small Business Tax Amnesty 10 of 2006, the Exchange Control Amnesty Act 12 of 2003 and the Tax Amnesty Act 19 of 1995. In the 2010 budget announcement the Minister of Finance, Mr. Pravin Gordan, announced that there will be another chance for taxpayers to get their tax affairs in order with the Voluntary Disclosure Programme. The main goal of this study is to determine whether the Voluntary Disclosure Programme will prove to be effective or not. The research method utilised is based on an advanced literature study. The secondary goals are as follows: * to obtain a thorough knowledge regarding the three previous tax–amnesties that was implemented in South Africa. A prediction as to the success of the Voluntary Disclosure Programme can be made when using the total number of applications received and the amount of revenue that was received by the previous amnesties, as a measure of success; * to obtain a thorough knowledge of other countries' amnesty–programs, including the following: Australia, Ireland, Canada and the United Kingdom. Their experience and successes regarding their amnesty–programs will be used to predict the success of the Voluntary Disclosure Programme; an * to determine whether the Voluntary Disclosure Programme can be declared as fair. This study indicated that the Voluntary Disclosure Programme may not be effective and that it may have a negative impact on the tax compliance of taxpayers. A recommendation from this study is that the government should win the trust of taxpayers, which will lead to an automatic improvement in tax compliance. This study indicated that the tax amnesty programs should not be used as a mechanism to enhance tax compliance. An issue that needs further exploration is the impact that the Voluntary Disclosure Programme will have in the long–term on tax compliance in South Africa. / Thesis (M.Com. (Tax))--North-West University, Potchefstroom Campus, 2011.

South Africa has already implemented three tax–amnesty programmes: the Second Small Business Tax Amnesty 10 of 2006, the Exchange Control Amnesty Act 12 of 2003 and the Tax Amnesty Act 19 of 1995. In the 2010 budget announcement the Minister of Finance, Mr. Pravin Gordan, announced that there will be another chance for taxpayers to get their tax affairs in order with the Voluntary Disclosure Programme. The main goal of this study is to determine whether the Voluntary Disclosure Programme will prove to be effective or not. The research method utilised is based on an advanced literature study. The secondary goals are as follows: * to obtain a thorough knowledge regarding the three previous tax–amnesties that was implemented in South Africa. A prediction as to the success of the Voluntary Disclosure Programme can be made when using the total number of applications received and the amount of revenue that was received by the previous amnesties, as a measure of success; * to obtain a thorough knowledge of other countries' amnesty–programs, including the following: Australia, Ireland, Canada and the United Kingdom. Their experience and successes regarding their amnesty–programs will be used to predict the success of the Voluntary Disclosure Programme; an * to determine whether the Voluntary Disclosure Programme can be declared as fair. This study indicated that the Voluntary Disclosure Programme may not be effective and that it may have a negative impact on the tax compliance of taxpayers. A recommendation from this study is that the government should win the trust of taxpayers, which will lead to an automatic improvement in tax compliance. This study indicated that the tax amnesty programs should not be used as a mechanism to enhance tax compliance. An issue that needs further exploration is the impact that the Voluntary Disclosure Programme will have in the long–term on tax compliance in South Africa. / Thesis (M.Com. (Tax))--North-West University, Potchefstroom Campus, 2011.

Lorsque des peuples émergèrent enfin d’un conflit armé interne ou international qui s’était traduit par de longues années de souffrances et d’injustice, l’accord de paix conclu entre les anciens partis antagonistes, le plus souvent le gouvernement et les forces rebelles, comporta presque toujours une amnistie des crimes de masse commis par un grand nombre de leurs partisans. Ainsi, depuis le début du vingtième siècle, plusieurs dizaines d’Etats – principalement en Amérique latine et en Afrique - adoptèrent de telles mesures, qui revêtirent un caractère polymorphe. Principalement dirigées vers les simples exécutants de violations graves du droit humanitaire, elles furent parfois prises par des dirigeants politiques autocrates qui n’étaient pas toujours animés des meilleures intentions et qui cherchaient à consolider leur pouvoir ou à se ménager une porte de sortie honorable ; considérées comme « scélérates », elles s’opposent aux amnisties « ver-tueuses » adoptées par des dirigeants démocrates qui estimèrent qu’elles constituaient l’option la plus raisonnable pour favoriser la réconciliation et le rétablissement de l’Etat de droit dans leur pays, compte tenu des circonstances.Pourtant une telle voie leur était théoriquement inter-dite puisque la communauté internationale s’est très tôt engagée dans une lutte contre l’impunité des crimes de guerre et des crimes contre l’humanité, déclarés imprescriptibles, qui ne peuvent bénéficier d’aucune mesure de clémence publique et qui doivent être réprimés par tous les Etats au nom de leur « compé-tence universelle ». Toutefois cette « posture de conviction » sur l’illégitimité des amnisties des crimes de masse au regard du droit international humanitaire se heurta souvent aux contingences du terrain. Prenant en considération l’aspiration prioritaire des peuples au retour à la paix, fut-ce au détriment du droit des victimes à la vérité, aux réparations et au recours juridictionnel, la communauté internationale composa fréquemment avec ces impératifs pour adopter un « comportement de responsabilité ». Celui-ci s’imposa d’autant plus à elle, et tout particulièrement aux Nations unies, qu’elle n’était pas en mesure de propo-ser une alternative satisfaisante à l’amnistie. Elle n’a en effet mis en place aucun mécanisme juridictionnel permettant de juger les auteurs ordinaires de crimes de masse, qui se comptent par millions. Quant aux juri-dictions internes des pays post-conflictuels, elles n’offraient généralement aucune garantie d’efficacité et d’impartialité. / InWhen the people finally emerged from an internal or international armed conflict, which resulted in lasting years of suffering and injustice, peace agreements between former opposing parties (most often the government and representatives of rebel forces) almost always included an amnesty for mass atrocities com-mitted by a large number of their supporters.Thus, since the early 20th Century, dozens of states, mainly in Latin America and Africa, adopted such measures, which assumed a polymorphic character.These amnesties, mainly directed to « low level participants » in serious violations of international humanitarian law, were often adopted by political autocrats seeking to consolidate their power, or to arrange an honourable way out. This type of amnesty, viewed as « villainous » is in complete contrast to « virtuous » amnesties adopted by democratic leaders who considered them the most appropriate option to ensure the reconciliation between communities, and to restore the rule of law in their country, given circum-stances.Both types of amnesties however, are prohibited by international conventions because the international community commits itself to struggling against impu-nity for war crimes and crimes against humanity; declared inalienable, which cannot benefit from any public leniency. The perpetrators of such serious violations of criminal humanitarian laws must be punished by all States in the name of their « universal jurisdiction ». This mind-set on the illegitimacy of amnesties for international crimes however, often encountered pressures from the military.Taking into account the aspiration of peoples’ priority for a return to peace and security, even at the expense of the rights of victims to truth, reparations and judi-cial proceedings, the international community often composed with these requirements to adopt a « respon-sible behaviour ». It is even more strongly enforced by the United Nations, as no satisfactory alternative to amnesty granted to « low level perpetrators » was offered by international criminal jurisdictions. As for the domestic courts of post-conflict countries, they generally offered no guarantee of efficiency and impartiality.

The aim of this paper is to explain both the past and present of punishment in society. Inspect and map views of the public, but also the police and prison services, and how their view on the death penalty and amnesty, which people have recently become more inflection. Powered by TCPDF (www.tcpdf.org)

Skuld en vergifnis is komplekse konstrukte wat deur die eeue in verskillende religieuse, sosiologiese, psigologiese, wetlike en private sfere ontwikkel het en steeds ontwikkel. Hierdie konstrukte word gesien as deel van die menslike kondisie. Hierdie mini-verhandeling lewer ’n ondersoekende literêre oorsig na die ontwikkeling van die konstrukte skuld en vergifnis, met spesifieke verwysing na: • bestaande perspektiewe en post-strukturele teorieë aangaande skuld en vergifnis; • aspekte van skuld en vergifnis wat neerslag vind in die politieke, sielkundige, sosiale, filosofiese en religieuse domeine; • die metodiek en ritueel rondom die gee en ontvang van vergifnis. Die navorsing stel voor dat skuld en vergifnis as ideologiese raamwerke kan dien om die wêreld, samelewing en letterkunde te analiseer. In die ontleding van die roman 30 nagte in Amsterdam, deur Etienne van Heerden (2008), word aangetoon hoe aspekte van skuld en vergifnis verbeeld word deur die gebruik van die volgende narratiewe struktuurelemente: karakters en karakterisering, plot of intrige, verteller en perspektief, tyd en ruimte. / Dissertation (MA)--University of Pretoria, 2013. / gm2014 / Afrikaans / unrestricted

Because of its mandate and its enforcement powers, the ICC has been hailed as a major advance on the road towards individual accountability for the perpetration of the most heinous violations of human rights (international crimes) and thus as a major contribution to the prevention of such horrible crimes. However, with its limited resources in terms of human and financial means, the ICC will not be able to deal with all perpetrators of the crimes that come under its jurisdiction wherever such crimes are committed throughout the world. For this reason, in order to end impunity in the commission of international crimes, there will always be a need for combined efforts by the ICC and national courts. This reality is recognised by the Rome Statute which, in the preamble and article 1 of the Statute, provides that the jurisdiction of the ICC is “complementary” to national courts and that, therefore, States Parties retain the primary responsibility for the repression of international crimes. In legal literature, this is generally referred to as the “principle of complementarity” or the “complementarity regime of the Rome Statute”. In order to give effect to the complementarity principle of the Rome Statute, South Africa passed the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (hereafter the Implementation Act); which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on South African territory but also when they are committed outside the Republic, thus empowering South African courts to exercise “universal jurisdiction” over these three international crimes. This thesis examines the extent to which South African courts, acting under the complementarity regime of the Rome Statute are, or are not, allowed to exercise universal jurisdiction over international crimes committed in foreign States. The study is based on two assumptions. First, it is assumed that since under the principle of complementarity South African courts are required to do the same job as the ICC, they should have the same powers as those States Parties gave to the ICC when they adopted the Rome Statute. Secondly, it is assumed that, although having the same mandate as the ICC in terms of the complementarity principle, South African courts are nonetheless domestic courts as opposed to the ICC which is an international court and that, accordingly, the international law principle of State sovereignty may impose limitations on their ability to exercise universal jurisdiction over international crimes committed in foreign States. In the light of the above assumptions, this study investigates three issues. Firstly, do South African courts have the same powers as the ICC has to disregard immunities of foreign States’ officials which, under international customary law, attach to their functions or status? Secondly, are South African courts entitled, as the ICC is, to disregard amnesties granted by foreign States, either in the process of national reconciliation or as means to shield the criminals from prosecution by the ICC? Finally, are South African courts entitled, as the ICC is, to retry a case which has already been tried in a foreign country but with the aim of shielding the accused from criminal responsibility or where, for example, the sentence imposed was too lenient in comparison with the gravity of the crime? / PhD (Law), North-West University, Potchefstroom Campus, 2014