Thesis (doctoral)--Vereinigten Friedrichs-Universität, Halle-Wittenberg, 1932. / "Literaturverzeichnis": p. 226-233.

Carlos Wing-hung Lo. / Thesis (M.Ph.)--Chinese University of Hong Kong, 1984 / Bibliography: leaves 218-233

The setting of an 'age of criminal responsibility' by States across the international spectrum is a formal recognition that children do not possess the same mental capacity to comprehend the extent of the criminality of their actions, and their implications, as adults. Any such legal threshold which abruptly deems a child 'criminally responsible' upon the dawning of a birthday is inherently arbitrary, yet a necessary legal fiction. The central conundrum addressed by this discussion is "which direction?"---at what age should policy-makers draw the line. Should legislators be advocating low ages of criminal responsibility, or should they be championing higher ages? An examination of the juvenile justice regimes of the UK and Canada provides an informative backdrop against which to base a sound conclusion: higher ages of criminal responsibility should be adopted in order to counteract and safeguard against the current climate of 'zero tolerance' and retributive 'just deserts' currently motivating youth justice policy.

Thesis (M. Soc. Sc.)--University of Hong Kong, 1998. / Includes bibliographical references (leaves 61-62). Also available in print.

Title of the Diploma Thesis: Criminal Liability of Legal Persons Abstract: Through this diploma thesis, the author presents a comprehensive summary of the phenomenon of criminal liability of legal persons, to the individual contexts of which presents his considerations. He discusses this phenomenon from many points of view, which correspond to the structure of his diploma thesis, as it forms its individual parts. These aspects are the legal theoretical background of this issue; the historical development of the phenomenon, including common law and civil law culture; legislative developments in the Czech Republic; positivist analysis of the applicable substantive legislation contained in Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them; a comparative analysis of the substantive legislation of the Czech and Slovak Republic and the subsequent summarization of the application of this new form of liability in the practice of the Czech courts. The stated goal of this diploma thesis is a comprehensive acquaintance with relevant aspects of this phenomenon, whereas focus of this diploma thesis is, in addition to the analysis of the valid substantive legislation of the Czech Republic in this area, especially on the above-mentioned comparative analysis of this legislation...

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This diploma thesis concerns the theme of criminal liability of entrepreneurs relation to their business activity. It is focused on the criminal liability only in the Czech Republic. The first chapters descripe the criminal liability of natural persons, the criminal liability of legal entities, the comparison of the criminal liabilities of the two types of subjects and the analysis of selected criminal offences. The second part of this diploma thesis is focused on the analysis of selected case-law. Propositions de lege ferenda are included in this diploma thesis.

Contemporary American Criminal Law, as represented by the American Law Institute's Model Penal Code, defines the structure of criminal offenses in a manner that establishes certain psychological processes of the defendant as necessary conditions for criminal liability. In order to convict a defendant, the state must prove all offense elements including the voluntary act and culpability requirements. These provisions involve the actor's psychological processes, but neither the exact nature of these requirements nor the relationship between them is clearly understood. Certain general defenses, such as automatism and insanity, also address the defendant's psychological processes. It has been notoriously difficult, however, to develop a satisfactory formulation of either of these defenses or of the relationship between them and the system of offense elements. This dissertation presents a conceptual framework that grounds the Model Penal Code's structure of offense elements in philosophical action theory. On this interpretation, the offense requirements that involve the defendant's psychological processes can be understood as part of an integrated attempt to establish the criminal law as a behavior guiding institution that is uniquely appropriate to those who have the capacity to direct their conduct through a process of practical reasoning. The key offense requirements are designed to limit criminal liability to those behaviors that are appropriately attributed to the offender as a practical reasoner. Certain general defenses, including insanity, exculpate defendants when their behavior is not attributable to them as practical reasoners as a result of certain types of impairment that are not addressed by the offense elements. This conceptual framework provides a consistent interpretation of the relevant offense elements and defenses as part of an integrated system that limits criminal liability to those acts that are appropriately attributable to the defendant in his capacity as a practical reasoner. In addition, this dissertation contends that this system reflects a defensible conception of personal responsibility.

Darbe nagrinėjamas riboto pakaltinamumo institutas Lietuvos Respublikos baudžiamojoje teisėje: jo istorinė raida, atsiradimo ypatumai, turinys bei reikšmė, taip pat nustatymo klausimai bei problemos. Kadangi šis institutas pakankamai platus ir apima ne vien jo turinį sudarančius kriterijus ir jų požymius, tačiau ir apibrėžia asmenų baudžiamąją atsakomybę bei numato galimybę taikyti baudžiamojo poveikio ar medicinos prievartos priemones, apsiribota tyrinėjamo objekto nagrinėjimu Lietuvos baudžiamojoje teisėje, trumpai apžvelgiant kitose valstybėse įtvirtintus panašius institutus. Ypatingas dėmesys darbe skiriamas riboto pakaltinamumo turinį sudarančių medicininio ir juridinio kriterijų atskleidimui, jų nustatymo ypatumams ir būdams, aptariami dažniausiai pasitaikantys psichikos sutrikimai, lemiantys minėtų kriterijų nustatymą. Be to, nagrinėjamas riboto pakaltinamumo ir amžiaus santykis, socialinio nebrandumo priskyrimas riboto pakaltinamumo medicininiam kriterijui, atskirai aptariamos afekto ir pogimdyvinė psichofiziologinė būsenos, jų santykis su ribotu pakaltinamumu bei Lietuvos Respublikos baudžiamajame kodekse įtvirtintos, su minėtomis būsenomis siejamos nusikalstamos veikos. Lietuvos baudžiamojoje teisėje riboto pakaltinamumo institutas pakankamai „jaunas,“ todėl jo taikymo praktika vis dar formuojasi. Remiantis Lietuvos teismų praktika, darbe stengtasi iškelti minėto instituto taikyme bei reglamentavime pastebėtas problemas, pasiūlyti jų sprendimo variantus. / This article analyses diminished capacity in Lithuanian penal law: its historical development, peculiarities of instilment, its content, its importance, also questions of its evaluation and occurring problems. Whereas the institution of diminished capacity is quite wide, it includes not only its content, content’s criteria ant their features, but it also determines criminal liability of an individual, foresees the application of punitive and forced medical measures, therefore in this article diminished capacity is analyzed within limits of Lithuanian penal law, with brief overlook of similar institutions implemented in penal law of other countries. Special attention is paid to the medical and juridical criteria of the content of diminished capacity, the disclosure of their content, peculiarities and means of their evaluation. Due to that most common mental affections that determine the measurement of above-mentioned criteria are discussed. Moreover the relation of age and diminished capacity and attribution of social immaturity to the medical criterion are researched. Apart of all mentioned above, diminished capacity relations with the state of affect and special postnatal state of women is analyzed likewise crimes associated with aforesaid states are also scrutinized. The institution of diminished capacity in Lithuanian penal law is quite „young“ therefore its practice of its implementation is still shaped. Also, according to the practise of Lithuanian courts, the main... [to full text]

Master's degree thesis: Criminal aspects in sport SUMMARY The purpose of my thesis is to analyse relationship between sport and Penal Law, especially criminal aspects in sport such as causing injury to another person in sports and bribery in sports. The thesis is composed of six chapters, each of them dealing with different issues. Chapter One concentrates on historical connexion in ancient Greece and Rome. There is a big difference between current sport and sport in that ages, so the opinion of Platon or Solon in this area are really interesting. The chapter Two is subdivided into three parts. Part One describes position of sport in legal order and explains relationship between sport and Penal Law. Part Two deals with specific definition of relation between legal rules and sports rules. Part Three explains the function of sports rules for the purpose of Penal Law. Chapter Three examines criminal lability of sportsmen for causing injury. The chapter consists of four parts. Part One focuses on theories in this area, unfortunately none of them is not global. Part Two describes the legal solutions in Cuba and Ecuador. These state have special legal regulation . Part Three tackles the issue of formal element of crime in sports injury and part four explains which sports misconducts could be classified as crime....