Santrauka Šiame darbe analizuojamos Lietuvos Respublikos baudžiamojo kodekso XXI skyriuje „Nusikaltimai ir baudžiamieji nusižengimai žmogaus seksualinio apsisprendimo laisvei ir neliečiamumui“ įtvirtintos nusikalstamos veikos, pateikiamas jų sugretinimas su užsienio valstybių baudžiamuosiuose įstatymuose įtvirtintais šiai nusikaltimų grupei priskiriamais nusikaltimais. Pirmiausia darbe aptariama šių nusikaltimų sistema, pavojingumas, istorinė raida. Didžiausia magistro darbo dalis skirta Lietuvos Respublikos baudžiamajame kodekse įtvirtintų nusikaltimų ir baudžiamųjų nusižengimų, kuriais kėsinamasi į žmogaus seksualinio apsisprendimo laisvę ir neliečiamumą, sudėties požymių analizei, šių požymių lyginamajam tyrimui su įvairių šalių (JAV, Kanados, Vokietijos, Prancūzijos, Švedijos, Suomijos, Rusijos, Lenkijos, Latvijos, Estijos ir kai kurių kitų) baudžiamuosiuose įstatymuose įtvirtintomis šiai nusikaltimų grupei priskiriamų veikų požymiais. Siekiant tikslesnio ir nuoseklesnio palyginimo, kiekviena nusikalstama veika ir šios veikos sudėties požymiai, įtvirtinti Lietuvos Respublikos baudžiamojo kodekso XXI skyriuje, aptarti ir išanalizuoti atskirai. Darbo pabaigoje suformuluotos išvados ir, atsižvelgiant į kitų valstybių baudžiamuosius įstatymus, pateikti tam tikri pasiūlymai dėl Lietuvos Respublikos BK XXI skyriaus tobulinimo. / Summary This work analyses the criminal acts which are included in the XXI chapter of Lithuanian Republic Criminal Code, named „Crimes and criminal misdoings against freedom of sexual self-determination and immunity“(in Lithuanian - „Nusikaltimai ir baudžiamieji nusižengimai žmogaus seksualinio apsisprendimo laisvei ir neliečiamumui“), also these criminal acts are compared with the criminal acts of the same group, which are included in the criminal codes and acts of different foreign countries. Firstly this work analyses the system, insecurity and historical development of these criminal acts. The biggest part of this work is set on the comparative analysis of the criminal composition of the criminal acts, included in Lithuanian Criminal Code, which violates person's sexual self – determination and sexual immunity with the criminal composition of the criminal acts of the same group, included in the criminal codes and acts of various foreign countries (USA, Canada, Germany, France, Sweden, Finland, Russia, Poland, Latvia, Estonia and some other). For the precise and consequent research, each of the criminal acts with its composition, stated in the XXI chapter of the Lithuanian Criminal Code was discussed and analysed separately. In the end of this work some conclusions are made and according to the criminal codes and criminal law of the other countries some offers about the perfection of the XXI chapter of the Lithuanian Criminal Code are made.

This dissertation provides a socio-historic analysis of the ethos of war crimes criminalization articulated in three general historical eras: the First World War era, the Second World War era, and the contemporary era. Both primary (i.e. archival material, legislative documents, and law) and secondary (i.e. journals articles and books) materials informed this analysis. Although these three eras were not entirely discrete (e.g. criminalization during the Second World War era was influenced by the failure of Leipzig trial that followed the First World War, and policy decisions following the Second World War had a great deal of impact upon the criminalization process in the contemporary era) or unified (varying levels of disagreement occurred amongst important lobby groups and policy makers in each era), important policy shifts occurred in each period as the Canadian government attempted to grapple with the issue of war crimes and war criminals. The Canadian criminalization of war crimes, crimes against humanity and genocide was marked by six prominent features: (1) the sine qua non of the criminalization process in each era was a distinct conception of the nature of war crimes and/or war criminals; (2) the articulation and application of war crimes policies rarely matched; (3) Canadian identity shaped the criminalization process, and the criminalization process helped to shape Canadian identity; (4) although a distinct conception of war criminals was prominent in each era, remnants of past conceptions of war criminals still influenced the criminalization process; (5) an examination of the criminalization of war crimes within the military justice system is essential in order to understand the criminalization process writ large; (6) it is impossible to fully separate the different justice systems in play during the criminalization process.

This dissertation provides a socio-historic analysis of the ethos of war crimes criminalization articulated in three general historical eras: the First World War era, the Second World War era, and the contemporary era. Both primary (i.e. archival material, legislative documents, and law) and secondary (i.e. journals articles and books) materials informed this analysis. Although these three eras were not entirely discrete (e.g. criminalization during the Second World War era was influenced by the failure of Leipzig trial that followed the First World War, and policy decisions following the Second World War had a great deal of impact upon the criminalization process in the contemporary era) or unified (varying levels of disagreement occurred amongst important lobby groups and policy makers in each era), important policy shifts occurred in each period as the Canadian government attempted to grapple with the issue of war crimes and war criminals. The Canadian criminalization of war crimes, crimes against humanity and genocide was marked by six prominent features: (1) the sine qua non of the criminalization process in each era was a distinct conception of the nature of war crimes and/or war criminals; (2) the articulation and application of war crimes policies rarely matched; (3) Canadian identity shaped the criminalization process, and the criminalization process helped to shape Canadian identity; (4) although a distinct conception of war criminals was prominent in each era, remnants of past conceptions of war criminals still influenced the criminalization process; (5) an examination of the criminalization of war crimes within the military justice system is essential in order to understand the criminalization process writ large; (6) it is impossible to fully separate the different justice systems in play during the criminalization process.

Thesis (M.A.)--University of Missouri-Columbia, 2008. / The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on September 12, 2008) Vita. Includes bibliographical references.

Written for the Faculty of Law. Title from title page of PDF (viewed 2010/03/26). Includes bibliographical references.

The purpose of this thesis is to provide a detailed analysis of a relatively narrow issue belonging to the criminal law, namely the criminal offence of poaching. The key part of this work examines the merits of § 304 of the Act no. 40/2009, The Criminal Code, and focuses also on its systematic inclusion in the head VIII, called Crimes against the Environment, constituting a part of the special section of the aforementioned code. I attempt to gather the existing conclusions of the doctrine as well as the jurisprudence and to present them in an organized way. I also endeavour to critically assess a number of selected passages and to add my own reflections. In addition, several practical examples are briefly highlighted in order to enrich this work. This thesis will be divided into four main chapters - the Introduction, the Poaching legislation de lege lata, the Poaching legislation de lege ferenda and the Conclusion. Regarding the introduction, the reasons which led me to choose and critically analyse this socially negative phenomenon are shortly outlined. Furthermore, I explain my view of poaching as a long-lasting problem in our society. With respect to the chapter dealing with the poaching legislation de lege lata, it forms the main part of this thesis. Firstly, I aim to consistently categorize...

D.Litt. et Phil. / Ewing (1997) states that battered women who kill intimate male partners have not been the subject of much systematic research. In fact, Wilbanks (in Adinkrah, 2000) laments the lack of a systematic description of the patterns and trends of homicide by women. Furthermore, as with most studies of crime, the majority of the emerging research on women and lethal crime has focused on the United States and Great Britain (Adinkrah, 2000). There has been relatively little research directed towards the study of female homicide in small, third world countries. Research on women and intimate partner homicide in developing countries is sorely needed if criminal justice professionals are to realise the quest to understand homicide more fully and to formulate a conceptually broad and cross culturally valid theory of female homicide (Adinkrah, 2000). Furthermore, violence against women is a devastating social problem which commonly occurs in developing societies where gender roles are strictly defined and enforced (Ogbuji, 2004). Domestic violence becomes even more of a social concern when it leads to intimate partner violence. Prior research conducted on homicide committed by women suggests that when a woman kills a male partner it is often in response to a pattern of physical abuse at the hands of their mates (Adinkrah, 2000). The purpose of this exploratory study was to add to the small but hopefully growing body of research on battered women incarcerated for killing a male intimate partner. The Department of Correctional Services indicates that there are currently 163 women imprisoned for killing a male intimate partner. Yet the psychological issues surrounding female murderers go largely unexplored (Dept. of Correctional Services, personal communication, September 6, 2002). The aims of the study were as follows: • To form a biographical profile of a typical woman who kills her male intimate partner in the context of an abusive relationship. • To form a personality profile of a typical literate woman who kills her male intimate partner in the context of an abusive relationship. • To form a literacy profile of the typical literate abused woman who kills an intimate male partner in the context of an abusive relationship. • To compare women who employ a third party to commit the murder with women who commit the murder themselves in order to identify any significant differences between the two groups on either a contextual or personality level. • To formulate possible guidelines for a rehabilitation program suited to this group of women. • Finally, to describe two participants’ unique narratives to informally highlight possible themes as well as add context and depth to the quantitative findings of the study.

No description available.

Gender-based Violence (GBV) has emerged as a major issue on the international human rights agenda and a major public health challenge throughout the world. A large proportion of the violence committed against women is perpetrated by their intimate partners. According to the World Health Organization’s Multi-country Study on Women’s Health and Domestic Violence, it is estimated that approximately 10% to 60% of married women have experienced physical intimate-partner violence during their lifetimes (Garcia-Moreno, Jansen, Ellsberg, Heise and Watts, 2006). Once the extent of GBV in South Africa was realised interventions were put in place to address the issue and the Domestic Violence Act No 116 of 1998 (DVA) was instituted by the South African government, aimed at protecting and combating violence against women. The notion of ending GBV was also acknowledged by the late former South African president, Nelson Mandela (Nelson Mandela’s first State of the Nation Address in Parliament in Cape Town, South Africa, 24 May 1994) said: “Freedom cannot be achieved unless the women have been emancipated from all forms of oppression." (www.ehow.com, first accessed 9 August, 2013). People Opposing Woman Abuse (POWA), a Johannesburg-based non-governmental organization (NGO), initiated interventions to address GBV. POWA offers services to women in South Africa (SA) who have experienced domestic violence, sexual harassment or rape and other forms of violence, by aiming to creating a safe society where women are powerful, self –reliant and respected. Driven by the need to create a collective space through which women could share their stories of surviving GBV, POWA established the Women’s Writing Project (WPP) in 2005. The project publishes annual anthologies with specific themes for a particular year, giving women survivors a platform and opportunity to tell their stories as an important part of the healing process. Though the first anthology was published in 2005, this thesis only provides an analysis of the POWA WWP anthologies from 2008-2013. The notion that narratives can be used as therapeutic tools had prompted the researcher to use existing narratives as a basis to investigate GBV. The study is a qualitative, interpretive study, using content analysis as a method and working within the framework of the Ecological model (1999:18) which talks about the multi-faceted nature of GBV. A total of 65 English narratives, 13 per anthology, by survivors of GBV were used and common themes that emerged were identified to obtain accounts of these selected women’s perceptions, experiences and articulations on GBV. Informed by a theoretical framework consisting of Heise, Ellsberg and Gottemoeller’s Ecological model (1999:18), the USAID GBV Life cycle model (2009:15) and the United Nations High Commission for Refugees (UNHCR) GBV health effects document (2005:23), the researcher extracted the main overarching themes which emerged from the women’s narratives. Drawing on the study’s content analysis methodology and the subsequent emerging main narrative themes, the researcher could draw certain conclusions about general similarities in the experiences and perceptions about GBV of the women who participated in POWA’s Johannesburg-based five-year Women’s Writing Project (2008-2013). The most salient of these conclusions are that the following issues are major factors contributing to GBV in the specific sample group, and by assumption also among the larger population that it represents: alcohol abuse and the absence of mother figures. Conclusions about the effects of GBV include that most women suffer from psychological health effects due to GBV experiences. Based on the selected narratives in this study the researcher could conclude that self-narrative storytelling and the recounting of traumatic experiences had therapeutic potential in the treatment and recovery of survivors of GBV. Many of the narrators said that structured self-narration and the publication of their stories had helped to construct a recovery support system not only for themselves but also for those who are possibly still suffering from the consequences of violence. In this way survivors of GBV can therapeutically construct new identities for themselves, which transcend their abuse and thereby actively participate in the construction of meaning in their lives.

In recent years, there has been a noticeable turn towards the “local” in both the practice and academic study of transitional justice, exemplified by a belief that local transitional justice processes (LTJPs) are superior because they are rooted in cultural practices and closer to the communities and people seeking justice. However, this assumption, and the existing literature on these local initiatives, pays insufficient attention to asymmetric power relations between national and local actors and to the unseen domestic political interests that shape local transitional justice processes on the ground. By taking these factors into account, this dissertation contends that LTJPs can be used paradoxically to deflect justice in ways that allow ruling parties to avoid human rights accountability and that obscure the truth about wartime events. The dissertation further argues that the principal means by which justice is deflected is not through overt manipulation by ruling parties, but rather, through more indirect processes of “distortional framing” that ruling parties use to establish discursive limits around discussions of the past and to conceal their own human rights abuses. The cases of Cambodia and Mozambique are examined in detail to reveal and to trace the processes by which distortional framing has been employed as a tactic to deflect justice. This dissertation contributes to the study of transitional justice, not only by challenging the prevailing assumption that LTJPs are inherently preferable because they are more “authentic” or closer to the people, but by providing a novel explanation of how these processes can be manipulated to subvert their own stated goal of advancing the cause of justice, and by providing a detailed account of these distortionary processes at work in two post-conflict countries located on two different continents.