Domestic violence is a pathological phenomenon which has strong roots in the society. The mapping of its presence is fairly difficult, just like preventing the development of an abusing relationship. The aim of this thesis is to provide a comprehensive view of the Czech legislation regarding this phenomenon while accenting its procedural aspects. Taking the progress on the international level into account, the thesis therefore aims to compare selected aspects of national legislation with the relatively novel Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). The Convention has recently been signed by the Czech Republic and its ratification is to take place soon. The thesis itself is divided into six chapters. The first chapter provides an insight into the issue of domestic violence, the perpetrators, victims and possible solutions of the phenomenon. Following a summary of the historical development of the Czech legislation in chapter two and an introduction to the Istanbul Convention in chapter three, the thesis then focuses on the statuary provisions regarding this topic in the Czech Republic. In the fourth chapter which deals with substantive law the thesis analyses selected crimes which are related to domestic violence while also focusing...

This diploma work deals with the methodology of investigating murders. The aim of my work was to shed a light on this issue and try to explain it from an expert point of view. The diploma is divided into three main chapters. The first one deals with juristic and criminalistic characteristics of murder and with the phenomenon of serial and mass murderers. The second part is dedicated to the most important aspects which influence the course of investigation, namely the specialties of the primary operations, search of crime premises, trace evidence, the interrogation and the role of psychology in it. The last part is trying to give a complex view on sexual murders and its suspect, various typologies of sexual murders and sexual paraphilia which occur very often. The most dangerous of them is sexual sadism and murderers who suffer from this kind of deviation are considered to be the most brutal and dangerous. In the end, this work is trying to explain the important role of psychological profiling in investigating murderers. The cooperation between the investigator and psychologist could only increase the chances of apprehending the offender.

LL.D. / Please refer to full text to view abstract

Magister Legum - LLM / By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against umanity, war crimes, genocide and, more recently, aggression. As a result, great strides have been made in ensuring the direct participation of victims of grave violations of human rights in court proceedings against their perpetrators. Prior to this, grave violations of human rights committed during conflicts or periods of mass violence were either largely ignored or even if action was taken, victims of the crimes hardly had a ‘say’ in the proceedings. With the advent of the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) new dawn in the proceedings of international criminal law has emerged. The statutes that govern the ICC and ECCC have given a voice to victims in court proceeding buy ensuring victims participation.Despite these advances, scholars have criticized victim participation for being inconsistent in its application at the International Criminal Court.1 The criticism has come from scholars who have highlighted the unintended consequences of victim participation in court proceedings, arguing that their participation has resulted in the under- or misrepresentation of the actual experience of survivors of war, mass violence, or repression. These problems have arisen largely because the need to establish the guilt or innocence of the accused and to protect their due process rights, to abide by the rules of evidence and procedure, and to conserve judicial resources all cut against victim-witnesses'ability to tell their stories at these tribunals thereby resulting in a limited, and sometimes inaccurate, record of victims' experience. / South Africa

Magister Legum - LLM

Magister Legum - LLM / Objective of the study – The primary goal of this research study was to investigate and document the evolution and historical development of the crime of aggression. Design / methodology / approach – The research study was primarily a desk-top based research by design and methodology. It reviews a range of published books, expert commentaries, and journal articles that provide theoretical and practical research on the evolution and development of crime of aggression through the past centuries to the present day. The discussion is majorly premised around key historical debates and events that shaped, and defined the rubric of the crime of aggression. These include: the philosophers' conceptualisation of the doctrine of "just war" or "unjust war", states' practice before and after the First World War and Second World War, the International Military Tribunals, the birth and role of the United Nations, the 1998 Rome Conference and the 2010 Kampala ICC Review Conference. Findings – This study provides information on each author's perspective on the status of the crime of aggression before and after the First ICC Review Conference. The study generally concedes that although today the crime of aggression is defined under the Rome Statute, and the jurisdiction of the ICC over it spelt out; its status under the treaty regime remains distinctly different from that under international customary law. Significance of the study – The significance of this research study lies in the fact that it is useful with regard to documenting the historical development of the crime of aggression. It also fulfils an identified need to clarify the position of the crime of aggression after the landmark First ICC Review Conference that took place in Kampala during May / June 2010. Study type – Postgraduate university Master of Laws research paper.

Diplomatic immunity is one of the oldest elements of foreign relations, dating back as far as Ancient Greece and Rome. Today, it is a principle that has been codified into the Vienna Convention on Diplomatic Relations regulating past customs and practices. Consuls and international organizations, although their privileges and immunities are similar to diplomatic personnel, do differ and are regulated by the Vienna Convention on Consular Relations and the United Nations International Immunities respectively. These Conventions have been influenced by past practices and by three theories during different era’s namely exterritoriality, personal representation and functional necessity. The Vienna Convention on Diplomatic Relations further provides certain immunities and privileges to different levels of diplomatic officials, their staff and families. Privileges and immunities will be considered under various main categories, namely the diplomatic mission, the diplomatic official, diplomatic staff, and families. Each category receives privileges and immunities, for example immunities enjoyed by the diplomatic mission include mission correspondence and bags. Diplomatic officials enjoy personal inviolability, immunity from jurisdiction and inviolability of diplomats’ residences and property. The staff and families of diplomatic officials too enjoy privileges and immunities. The problem of so many people receiving privileges and immunities is that there is a high likelihood of abuse. Abuses that arise are various crimes committed by diplomats, their staff and families. They are immune from local punishment and appear to be above the local law. Although the Vienna Convention on Diplomatic Relations provides remedies against diplomats, staff and families who abuse their position, it gives the impression that it is not enough. Various Acts in the United Kingdom, United States and the Republic of South Africa will be analysed in order to ascertain what governments have done to try and curb diplomatic abuses. Each will be considered and found that although they have restricted immunity from previous practices it still places the diplomats’ needs above its own citizens. Thus several suggestions have been put forward and argued whether they are successful in restricting immunity comprehensively. Such suggestions are amending the Vienna Convention on Diplomatic Relations; using the functional necessity theory to further limit immunity; forming bilateral treaties between States as a possible means to restrict or limit; and lastly establishing a Permanent International Diplomatic Criminal Court. The key question to be answered is whether diplomatic immunity is needed for the efficient functioning of foreign relations between States.

法條有限而人事無窮，想要以有限的法條規範無窮的人事，殆矣，故刑法第五十九條：「犯罪之情狀顯可憫恕，認科以最低度刑仍嫌過重者，得酌量減輕其刑。」本意係因「有限的法條本就無法規範無窮的人事且為了衡平情輕法重的個案正義，然個案正義不能背離社會大眾之法律情感，否則就會被社會大眾批評恐龍判決或恐龍法官。 本文試圖透過酌減規範的歷史、理論與實踐來探討酌減制度的適用是否適當？還是淪為法官恣意審判的護身符？並且如果酌減制度仍有存在的價值時，希望法院能就法官援引酌減制度審判之相關案件建立起資料庫可供法官參考，不只可讓法官審判時相同案件不至於有不同的判決，也不致讓民眾感覺到審判的不公平而影響司法威信。

La criminalité féminine est marginale, atypique et paradoxale dans l'Hérault comme au niveau national. Marginale car la femme ne correspond qu'à un sixième des accusés. L'Hérault ne fait pas exception avec ses quinze pour cent d'accusés de sexe féminin. Atypique par rapport aux crimes supposés féminins. Bien que certains crimes semblent plus spécifiquement féminins car ils sont liés à la maternité et à la conjugalité, la participation des femmes à tous les autres crimes permet de relativiser le concept de criminalité féminine. Dans l'Hérault, bien que relativement absente de la criminalité, la femme est surreprésentée en matière d'infanticide, d'avortement et d'empoisonnement. Toutefois, sa participation aux atteintes contre la propriété (vol) et à certaines atteintes contre les personnes (coups et blessures, etc.) nuance l'existence d'une criminalité spécifiquement féminine. Il en résulte que la criminalité féminine est paradoxale, parce que les « faibles » femmes supposées incapables de commettre des crimes violents (leur rôle social les protégeant) accomplissent cependant les crimes qui comptent parmi les plus atroces. La contradiction réside aussi dans l'indulgence des sanctions réservées aux femmes auteurs de ces crimes. Il est difficile d'admettre que chaque sexe aurait des prédispositions pour commettre tel ou tel crime. La criminalité est davantage le résultat de facteurs criminogènes qui dépendent de circonstances sociologiques, économiques, psychiques et biologiques, communs aux deux sexes. / Women's criminality keeps marginal, atypic, and paradoxical, in the department of Herault as on a national level. « Marginal » because women only squares with five sixths of the accused. Herault is not an exception ,with its fifteen per cent of female accused. « Atypic » in relation to the supposed female crimes..Although some crimes seem more specifically feminine because they are linked with motherhood and conjugal life, the women's contribution to any other crime allow the concept of « women's criminality » to be softened. In Herault,even though the woman is rather absent from criminality, she is over-represented concerning child murder, abortion, or poisoning. However, her contribution to breaches against properties ( robberies), and to people ( assault and battery) moderates the existence of a specific female criminality. So the outcome is that female criminality is « paradoxical » because « weak » women, meant unable to commit violent crimes (their social part protect them from killing), commit the crimes which are ranked among the most abominable. The contradiction consists in the leniency of the punishments against women who have committed such crimes too. It is difficult to admit that each sex would have propensity to such or such a crime. Criminality is more the result of factors which depend on sociological, economical, psychic and biological circumstances, common to both sexs.

This thesis is an examination of the relationship between the New York Police Department's "Stop, Question, and Frisk" policy and the city's homicide rates. Using a historical analysis of NYC crime data as well as a cross-city comparison of homicide rates across the United States, I determine whether or not there is a consistent, causal relationship between the policy and the city's violent crime rates.