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Odškodňování v mezinárodním právu za zvlášť závažné zločiny / Compensation in international law for serious crimesVermachová, Klára January 2015 (has links)
The aim of the thesis is the indemnification guaranteed and provided to the victims of serious breaches of International law. First of all the thesis provides review of the primary sources of International law that contains right to redress. Secondly, the thesis lays out the issue of serious crimes in International law definition. Afterwards the thesis deals with the problematic of the subject who has right to redress and obligation to provide it. Also, the thesis describes the particular forms of the redress in detail. The end of the thesis is focused on concrete mechanisms of indemnification. Finally the thesis deals with the indemnification in practise, in particular with the case of Rwanda genocide. Within elaborating this thesis, the author used primary sources of International law, case law, doctrine and also domestic and foreign publications.
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Odškodňování obětí zvlášť závažných zločinů / Compensation of victims of the most serious crimesPenc, Lukáš January 2018 (has links)
Title of the diploma thesis: Compensation of victims of the most serious crimes Abstract This diploma thesis deals with the compensation of victims of the most serious crimes in international law. These crimes present a violation of jus cogens and their consequence is erga omnes obligation. At the same time, it is extremely difficult to compensate these crimes from the reason of mass or systematic character of their committing. The goal of the thesis is to analyse its research questions and to respond to them. These research questions are contractual and also customary regulation of content of the responsibility duty, with emphasis on the question of whether it is possible to deem the compensation of victims of the most serious crimes as part of the responsibility duty of relevant subjects, mainly states, and furthermore, the question of which resources can serve to effective compensation of victims of the most serious crimes. The thesis is divided into four chapters, the first chapter deals with historical genesis of the responsibility for the most serious crimes and clarifies fundamental terms, whereas following chapters correspond to research questions of the thesis. The second chapter of the thesis analyses contractual and customary regulation of content of the responsibility duty. This analysis has...
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COMPARISON BETWEEN CLIENTS IN FORENSIC-PSYCHIATRIC TREATMENT AND PRISON IN SWEDEN 1995-2018Aly Mohamed, Hossam Mohamed Salah El-Din January 2020 (has links)
Abstract Purpose: The study aims to establish a summary of the main characteristics of gender, age, types of crimes and previous criminal records of the offenders sentenced to forensic-psychiatric care in the time period 1995 to 2018 in Sweden and to compare them with offenders sentenced to imprisonment for the same types of crime types in the same time period in Sweden as well as to link different types of crimes to mental illness. Furthermore, the study attempts to find correlations between the group sentenced to forensic-psychiatric care and different types of crimes. Method: Using official statistical data from BRÅ, serious crimes, age, gender and criminal records for all individuals sentenced to forensic-psychiatric care during 1995 to 2018 are described together. This group was compared to all individuals which were convicted to prison in the same period. Furthermore, correlations between types of crimes and the group of individuals sentenced to forensic-psychiatric care were examined in order to find any statistical difference between the two groups. Result: A few differences between the groups were found. The individuals in the forensic-psychiatric care group did not differentiate much in age, and also had similar criminal records, unlike the prison- group. Additionally, a meaningfully higher amount of women was prevalent in the forensic psychiatric care-group compared to the prison-group. A small correlation between individuals sentenced to forensic psychiatric treatment and arson were confirmed as well as stronger correlations with offenders sentenced to FPT and crimes of theft, vehicle theft, arson and homicide were found. Conclusion: These findings provide data for future research as well as potential support for courts to identify more suitable treatment for offenders with a mental illness. Additionally, the findings in this paper presents the health care system and social services with opportunities to analyse and prevent trajectories into more serious offending in particular regards to individuals who are young and/or have a mental disorder.
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An analysis of judicial sentencing approaches to persons convicted of serious crimesMagobotiti, Chris Derby 09 1900 (has links)
This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence.
The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology / D. Litt. et Phil. (Penology)
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An analysis of judicial sentencing approaches to persons convicted of serious crimesMagobotiti, Chris Derby 09 1900 (has links)
This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence.
The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology and Security Science / D. Litt. et Phil. (Penology)
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Dohled jako sociálně pedagogický nástroj při práci s pachateli závažné trestné činnosti / The supervision as a social pedagogical tool in work with offenders of serious crimePečinková, Tereza January 2022 (has links)
The thesis focuses on probation supervision of offenders of serious crime, which can be considered a tool of in working with clients. The thesis has a theoretical-empirical character. The aim of this thesis is to determine the degree of influence of probation supervision on offenders of serious crime from the perspective of a probation officer. The theoretical part of the thesis is first devoted to the general issue of restorative justice and the Probation and Mediation Service of the Czech Republic, which is an important institution in the field of criminal justice and social work. Then the thesis deals specifically with probation supervision. The next chapter defines serious crime and the specifics of supervision of its offenders. The supervision itself is also described from a social pedagogical perspective. The theoretical part of the thesis is rounded off by a summary of some existing Czech research in this field. In the empirical part, the analysis of data obtained by means of open coding from semi- structured interviews with probation officers carrying out the probation supervision agenda is carried out. The interviews were used to determine whether the purpose of probation supervision, which is to resocialise the offender of serious crime, change their behaviour and prevent them from...
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