Cette thèse étudie l’enseignement du droit pénal et de la procédure criminelle dans le Royaume de France, différentes Etats italiens et le Royaume de Corse au XVIIIème siècle.Sa problématique a été inspirée par l’appréciation de Diderot qui expliquait la déficience de la justice criminelle en France par le fait que les futurs magistrats n’avaient pas reçu d’enseignements de droit pénal au cours de leurs études ;Un premier titre introductif présente un panorama sommaire du droit pénal dans et de la procédure criminelle dans les différents Etats. Il est ensuite présenté un inventaire des enseignements de droit pénal et de procédure criminelle dans plusieurs universités françaises et italiennes ainsi qu’à l’éphémère Université de Corse (1764-1769). Sont aussi évoqués les ouvrages destinés à l’initiation à ses disciples. Dans le dernier titre, sont comparés les contenus et les méthodes d’enseignements universitaires du droit et de la procédure.Cette thèse met en évidence des différences quant à l’importance accordée au droit pénal dans les universités st surtout, l’infériorité des universités françaises en la matière. / This thesis studies the way criminal law and procedure were taught in the Kingdom of France, different Italian States and the Kingdom of Corsica during the XVIII century.Inspiration for the topic comes from Diderot’s assessment that the deficiency of criminal justice in France could be explained by the lack of instruction in criminal law to future judges during their studies;The preliminary section provides a panoramic summary of criminal law and procedure in the different States. The following section presents an inventory of criminal law and procedure instruction at several French and Italian universities as well as at the University of Corsica during its brief existence (1764-1769). The textbooks designed to initiate students to the subject are also mentioned. The closing section is devoted to a comparative study of the contents and methods of academic instruction in procedural law.This thesis reveals the differences in the importance accorded to criminal law in universities and above all, the inferiority of French universities in this regard.

Les dernières réformes de la procédure pénale, telles que les lois relatives à la garde à vue ou à la participation des citoyens à la justice pénale et au jugement des mineurs, constituent autant d'illustrations qui témoignent de l'évolution de la procédure pénale. Néanmoins, que faut-il entendre réellement par le terme « réforme » ou encore quelle différence existe t-il entre une réforme et une loi ? Aucun élément de réponse ne peut être efficacement apporté au regard de l'état du droit positif. En conséquence, l'objet de cette étude est de proposer une définition juridique de la réforme de la procédure pénale. Ceci permettra de mettre un terme à la confusion qui règne en la matière et d'offrir aux règles de la procédure pénale des qualités formelles et substantielles. Particulièrement, la réforme doit être une norme juridique adéquate, provoquée, mesurée, concertée et consentie et respecter le principe d'utilité juridique. Ces caractéristiques constituent la clé de la qualification de la réforme. Elles participent également à la qualité de celle-ci, et par voie de conséquence, à la qualité de la procédure pénale, objet de la réforme. / The last reforms in criminal procedure, such as the new police custody legislation or the one about citizen participation in criminal justice and in minors' judgment, represent as many illustrations which testify of the evolution of criminal procedure. However, how can we really understand the term “reform” or moreover, what is the difference between reform and legislation? No efficient answer can be exposed as regards substantive law. Consequently, the object of the present study is to propose a legal definition of the reform of criminal procedure. It will enable to put an end to the existing confusion on the subject and finally to bring some formal and substantial qualities to the rules concerning criminal procedure. Particularly, the reform has to be an adequate, provoked, measured, concerted and granted legal norm, and has to respect the legal utility principle. These characteristics are the keys to the legal definition of the reform. They also contribute to the quality of the legal definition, thus in the quality of the criminal procedure which is the object of the reform.

It is generally agreed that a criminal justice system reflects the values of the society within which it exists. The presence of patriarchal social values will likely affect the response of the criminal justice system to intimate violence. While the perpetration of violence against another is a violation of an important social norm, patriarchal values may function to discount the seriousness of such an act, if the violence is perpetrated by a man against his girlfriend or wife. This discount of seriousness may lead to less severe punishment for men who assault their intimates than to men who assault nonintimates. The purpose of the present study was to test the hypothesis that men who are convicted of committing serious assaults against female intimates receive more lenient punishment than men who are convicted of committing serious assault against nonintimates. Punishment was defined as sentencing outcomes, i. e. type and length of sentence. The sentences of offenders convicted of felony assaults as the major offense and subject to sentencing guidelines in Oregon in 1993 were examined. Chi-square tests were used to compare the sentence types of intimate and nonintimate violence offenders. Two-tailed !-tests and multiple linear regression were used to examine the relationship between victim-offender relationship and length of sentence. It appears that the presence of Oregon's sentencing guidelines, rather than victim-offender relationship, had the greatest effect upon the severity of punishment. This finding suggests that the guidelines may be responsible for minimizing the impact of patriarchal values on sentencing decisions in serious assault cases.

Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....

Criminal procedure in front of a single judge Abstract The master thesis focuses on the legislation concerning criminal procedure in front of a single judge and its purpose is not only the description of all aspects of such criminal procedure but also the presentation of disputable questions and their answers. Another objective of the thesis is to identify inappropriate legislation and provide solutions in the form of de lege ferenda thoughts, including the provision of opinions as to future legislation. Based on methods of description, analysis and historical comparison, the master thesis provides a comprehensive view on the single judge, while using commented legislation, academic literature and case law. The first chapter closely describes the historical evolution of the role of the single judge from 1918 (respectively since 1873 as the Austrian-Hungarian legislation had been adapted) until today. The second chapter solves a problematic question whether the single judge can administer justice at a regional court or only at a county court. The following chapters focus on the core of the thesis, which is described in the next three chapters. The third chapter presents the very first actions of the single judge after the prosecution is delivered to him. The fourth chapter is dedicated to the criminal order...

The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...

Colonial Detection tracks the checkered career of criminal detection, a distinct mode of producing knowledge about crime in the nineteenth century, that relied on the cognitive model of retrospective reconstruction. The dissertation traces its emergence and consolidation in nineteenth century British India as a form of inter-departmental bureaucratic work for government agents at the interface of police investigations, magisterial inquiry, and forensic scientific research. At the same time, it follows the circulation of this model of thinking backward from clues, beyond state institutions, into the domain of popular discourse about crime, investigation, and evidence. Histories of evidence law in the common law world, studied till date as a largely Anglo-American story, tend to focus predominantly on the evaluation of information after they are presented as evidence to judges, juries, and lawyers. Colonial Detection departs from these received histories and recuperates an alternative history of common law evidence from the archives of nineteenth century British India. With a sustained focus on historical developments in the Bengal Province, it shows how legal norms of evidence and inquiry in the colony were indelibly shaped by the exigencies of criminal ‘detection,’ i.e., the investigation of crime and the production of evidence, far away from criminal courts, and long before the commencement of trials.

Substantiation of Electronic Evidence Abstract The author focuses on the possibility of "misuse" of data as electronic evidence in the thesis. She describes specifics of electronic evidence and she points out that current technologies are so advanced that they are able to track and map the lives of individuals. The author simulates the investigation of the crime of murder, based on the idea, that thanks to the daily stored data on digital activity of persons in conjunction with GPS data, the physical activity of persons can be proven. She seeks to investigate this crime regardless of the regulation of fundamental human rights and freedoms only by electronic evidence. Eventually she assesses the procedure in the light of legislation. Finally, the author deals with the issue of confidentiality obligations of attorneys at law in connection with the use of electronic devices for the performance of their activities and she points out specifics of search of premises, where attorneys at law perform advocacy. Kristýna Jirounková Thesis 2021 Charles University, Faculty of Law

This thesis deals with the topic of means of substitution of custody. These means are milder than a custody itself which out of all the securing institutes of criminal procedural law can interfere with the rights of the individual in a most severe way. Custody must always be duly substantiated and applied only when necessary. Even if the custody of the accused is fully justified by legal facts, it is still necessary, in accordance with the exceptional nature of this institute, to examine whether it cannot be replaced by more lenient measures that can fulfil its purpose and at the same time are less restrictive in terms of basic human rights. The aim of my work is to examine such means of substitution of custody. The work is divided into four chapters. In the first chapter I characterize the institute of custody, its purpose and the reasons for which the accused can be taken into custody. This is the basis for other parts of this thesis, as the substitution of custody is linked to the custody itself inextricably. In the second chapter I follow the gradual development of substitution of custody. With the gradual increase in the level of basic human rights and freedoms, means of substitution of custody have been added accordingly. The chapter contains these developments from 1918 to present. The historical...

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