This study evaluates the constitutionality of section 78(1B) of the Criminal Procedure Act 51 of 1977 (CPA), which places the burden of proving criminal capacity on the party who raises the issue, against section 9 of the Constitution of the Republic of South Africa, 1996 (CRSA). In a legal system such as ours, that has a high regard for equality, any form of unequal treatment must be scrutinised, assessed and, if found to be unjust, rooted out. Even more so where the unequal treatment affects a marginalised minority group such as the mentally disabled. This study weighs section 78(1B) against section 9(1) of the CRSA. It also weighs the section against section 9(3) of the CRSA. Attempts are made to justify possible infringements according to section 36 of the CRSA. An appropriate remedy is then ascertained. This study also provides the historical development of section 78(1B) of the CPA – both in the common law and statute. This study furthermore provides original guidelines and principles in assessing expert evidence where criminal capacity is placed in dispute due to a mental illness or defect of the accused. The main findings are that section 78(1B) infringes on both section 9(1) and section 9(3), that it cannot be justified in terms of section 36 of the CRSA and that the appropriate remedy is the striking out of the whole section from the CPA. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Public Law / unrestricted

Forensic science has a significant historical and contemporary relationship with the criminal justice system. It is a relationship between two disciplines whose origins stem from different backgrounds. It is trite that effective communication assist in resolving underlying problems in any given context. However, a lack of communication continues to characterise the intersection between law and science. As recently as 2019, a six-part symposium on the use of forensic science in the criminal justice system again posed the question on how the justice system could ensure the reliability of forensic science evidence presented during trials. As the law demands finality, science is always evolving and can never be considered finite or final. Legal systems do not always adapt to the nature of scientific knowledge, and are not willing to abandon finality when that scientific knowledge shifts. Advocacy plays an important role in the promotion of forensic science, particularly advocacy to the broader scientific community for financial support, much needed research and more testing. However, despite its important function, advocacy should not be conflated with science. The foundation of advocacy is a cause; whereas the foundation of science is fact. The objective of this research was to conduct a qualitative literature review of the field of forensic science; to identify gaps in the knowledge of forensic science and its integration in the criminal justice system. The literature review will provide researchers within the field of forensic science with suggested research topics requiring further examination and research. To achieve its objective, the study critically analysed the historical development of, and evaluated the use of forensic science evidence in legal systems generally, including its role regarding the admissibility or inadmissibility of the evidence in the courtroom. In conclusion, it was determined that the breadth of forensic scientific knowledge is comprehensive but scattered. The foundational underpinning of the four disciplines, discussed in this dissertation, has been put to the legal test on countless occasions. Some gaps still remain that require further research in order to strengthen the foundation of the disciplines. Human influence will always be present in examinations and interpretations and will lean towards subjective decision making. / Jurisprudence / D. Phil.

Master's thesis explores the behavior of real estate agents, real estate market features and its specifics. Thesis monitors selling of properties from the perspective of the seller and the buyer. It is focused on advices for succesfull sale of the property and it is describing, what could affect the selling process. Practical part is focused on pre-sale services, correct marketing when selling a property and it closely describes pitfalls of estate agencies.

Submitted by JOSE VIANA AMORIM (vianamorim@gmail.com) on 2012-08-18T01:57:22Z No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) / Approved for entry into archive by ÁUREA CORRÊA DA FONSECA CORRÊA DA FONSECA (aurea.fonseca@fgv.br) on 2012-08-31T14:32:35Z (GMT) No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2012-09-05T11:32:05Z (GMT) No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) / Made available in DSpace on 2012-09-05T11:32:16Z (GMT). No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) Previous issue date: 2012-07-12 / This study deals with the issue of the Criminal Forensics’s autonomy in relation to the Brazilian Federal Police. The study, notably of a descriptive nature, with exploratory phases, aims to describe the perceptions and reflections revealed by the thematic analysis of the individuals involved in the issue. For this purpose, the methodology used in the study was content analysis, according to Bardin (1977). The selected individuals were chosen using the criteria of accessibility and type of function: Federal Police Delegado, Criminal Expert of Federal Police, Federal Judge and the District Attorney. In face of its predominately qualitative character, there is no expectation of generalizations of the results obtained in the field, as well as the selection of these individuals did not prioritize quantitative representation. The theoretical reference was constructed with the objective to contextualize and to favor the reader's understanding of how is constituted the reality in which itself insert the object of study, seeking to describe the necessary terms and concepts for this understanding, such as: (i) what is the Criminal Justice System and how its process of formation evolved in the modern State; (ii) what is the structure and flow of the basic procedural of the Brazilian model, highlighting the position in which the Criminalist organs or institutes belong; (iii) what is the level of efficacy of this system in Brazil and what are the main problems that affect the functionality of the Criminal Forensics in its structure; (iv) what are the reactions to the use of paradigms, repressive and preventive, by the State in control of violence, criminality and impunity of criminals, seeking to guarantee the maintenance of public order and social wellbeing; (v) what relevance does the role of the Criminal Forensics have on the Criminal Justice System according to the preventive paradigm; (vi) what is Criminalistics and what is the nature of its activity; (vii) how the current administrative structure and the Criminal Investigation Officer’s network of clients is presented. The researcher then comes to the purpose of the study, describing the process of the Criminalist’s autonomy in Brazil, its origin and how this process came to be designed and focusing on the principal administrative and statutory measures that furthered its consolidation in the country in relation to public security policy, such as: the approval of federal government's plans PNSP (2002), PNDH I (1996), PNDH II (2002) and PNDH III (2009) in addition to the enactment of Law nº 12.030/2009, which specifically assures the scientific-technical and functional autonomy of the Criminal Forensics’s role. Special treatment was given to the significance and reach of the conceptual dimensions of the term 'autonomy' in relation to the Criminal Forensics’s function. To the degree of the weight of the results obtained, the conclusions reveal that the complexity of the theme, theory and practice, awaits the continuity of future research. / Trata-se de uma pesquisa de natureza marcadamente descritiva, com etapas exploratórias, que visa a descrever as percepções e reflexões desveladas pelos sujeitos da pesquisa nas análises temáticas realizadas sobre diversas questões que envolvem o tema da autonomia da Perícia Criminal Oficial, no âmbito da Polícia Federal. Para esse fim, utilizou-se da metodologia da análise de conteúdo, segundo Bardin (1977). Os sujeitos da pesquisa foram escolhidos segundo o critério de acessibilidade e da natureza dos cargos, quais sejam: Delegado da Polícia Federal, Juiz Federal, Perito Criminal Federal e Procurador da República. Face à predominância do cunho qualitativo neste estudo, não há expectativas de generalizações dos resultados obtidos no campo, assim como a seleção desses sujeitos não priorizou pela representatividade quantitativa de cada cargo. O referencial teórico foi construído com o propósito de contextualizar e favorecer a compreensão do leitor sobre como é constituída a realidade em que se insere o objeto de estudo, buscando descrever os termos e conceitos necessários a essa compreensão, tais como: (i) o que é o Sistema de Justiça Criminal e como se deu seu processo de formação no Estado moderno; (ii) como é a estrutura e o fluxo processual básico do modelo brasileiro, com destaque para a posição que ocupam os órgãos ou Instituto de Criminalística; (iii) qual o nível de efetividade desse sistema, no Brasil, e quais os principais problemas que afetam a funcionalidade da Perícia Oficial em sua estrutura; (iv) quais os reflexos do uso dos paradigmas repressivo e preventivo, pelo Estado, no controle da violência, da criminalidade e da impunidade dos criminosos, visando a garantir a manutenção da ordem pública como bem coletivo; (v) que relevância tem o papel da Perícia Oficial para a efetividade do Sistema de Justiça Criminal, segundo o paradigma preventivo; (vi) o que é Criminalística e qual a natureza de sua atividade; e (vii) como se apresenta a atual estrutura administrativa e a rede de clientes da Perícia Oficial. Ao se aproximar do objeto de estudo, o pesquisador buscou descrever como se deu a origem do processo de autonomia da Criminalística, no Brasil, e como esse processo vem sendo desenhado como uma política de segurança pública, destacando as principais medidas administrativas e normativas adotadas no país que favoreceram a sua consolidação, tais como: a aprovação do PNSP (2002), do PNDH I (1996), do PNDH II (2002) e do PNDH III (2009), além da promulgação da Lei nº 12.030/2009, que assegura, de forma específica, a autonomia técnico-científica e funcional da função pericial criminal. Tratamento especial foi dado ao significado e ao alcance que têm as dimensões conceituais do termo 'autonomia' para a função pericial. Em que pesem os resultados obtidos, as conclusões revelam que a complexidade do tema, teoria e prática, aguarda continuidade em pesquisas futuras.

The thesis „Legal Context of Night-time Road Accidents with Pedestrian „deals with the interpretation of legal decisions on traffic accidents caused by the vehicle during the night and where the other participant was a pedestrian. The main aim of this thesis is to find the established limits for the assessing of blame in comparable accident situations in cases of traffic accidents of the vehicle and the pedestrian at the reduced visibility with emphasis on the assessing in relation to the circumstances of the cases from the technical and legal point of view and in relation to the health consequences. Legal interpretations of the law are defined within the theoretical part of the thesis with emphasis on the ones which appear repeatedly in the judicial decisions. Approximately 1530 judicial decisions were studied and analysed in the analytical part, of which 56 were selected, that corresponds to the requirements of this thesis. There are also 5 expert evidences provided by the Institute of Forensic Engineering of Brno University of Technology. In the above mentioned cases there were defined the limits for the assessing of accidents based on which the judicial decision was predicted in context with the defined established limits for the judicial decisions at the top of the court hierarchy.

The dissertation is focused on current issues in the connection with the rental price of land and construction land maps, which are addressed to practice. It deals with an overview of the development of rental and price charts in the Czech Republic and abroad. The basic precondition of the dissertation is the existence of data dealing with the relationship between rents and the usual (market, global) price of land in the price map in the Czech Republic. This area, the relationship of rents and land prices, has not yet been fully explored. The unavailability of this data can result in questioning the expert opinions for example in court proceedings. The conclusions of the dissertation illustrate, how interdependent ground rent with the price specified in price map constructions of land. The percentage of the relation I have determined to both individual cities (Prague, Brno, Olomouc), and all the Czech Republic as a whole.

No description available.

In the first part of this thesis, the assembly of particular types of building work price documentation is solved, depending on the state of the in-process project documentation. Consequently, the utilization of the documentation in particular administration types is presented, and possibilities of the building work funding are adduced. Specific types of the building work price documentations are configured for the public buildings, housing projects, transportation and water-management buildings. The last part of this thesis is devoted to the overview of particular price and project documentation types that should be elaborated in different phases of building work life cycle.

Dissertation work deals problems Law Of Building in relations to new Civil Code No. 89/2012 Sb. (NOZ - new Civil Code) Legal regulations are for all new and rather are in common level. Supplying present, more than 40 years old Civil Code new recipe, presents revolutionary changes in civil right. NCC starting from the another ideological, political and terminological bases. With new Civil Code loom incomming new questions: What will real property and what will no. What kind of law is possible newly to real property to establish. How will new property owners limited. Important is appreciate, that by the new Civil Code was cancelled current Civil Code, so and current Business Code too. New legal regulations cancelles more than 238 law regulations. All the law, which affected law relations to real property are cancelled. Contribution is solving the problems and summaries the cases, where would had Building Law to do. Result of the dissertation work is: