It behooves any legislator confronted with a society plagued by continuous and increasingly violent crimes, to promulgate legislation which strives to deter potential offenders by inter alia limiting the access they have to potential victims. It is in this vain that the South African legislator promulgated legislation which established a National Register for Sex Offenders whereby convicted (or in certain circumstances alleged) offenders' access to potential victims are limited by restricting the opportunities these offenders might have to commit another sexual offence. The aim of this dissertation is to closely examine this newly established National Register for Sex Offenders. This examination is performed within a constitutional framework from whence a comparative analysis of an analogous register in the United Kingdom is conducted. This dissertation seeks to pre-empt potential shortcomings of the National Register for Sex Offenders by providing recommendations based on findings from the aforementioned comparative study. This dissertation begins by setting out the scope and parameters of the National Register for Sex Offenders wherein it is also discussed whether or not this register acts as an extenuation of an offender's punishment and if so, whether or not it is justifiable. After this investigation, various possible infringements of the offender's constitutional rights are identified, discussed and justified. This dissertation, subsequently, studies an analogous register also recently established in the United Kingdom which helps to identify certain shortcomings in the National Register for Sex Offenders, whereafter certain recommendations are made. Most importantly, it is recommended that an independent authority should be established to regulate and administer the National Register for Sex Offenders. Furthermore, it is recommended that the National Register for Sex Offenders and the National Child Protection Register should be amalgamated into one register which will not only save taxpayers' money, but will also avoid any confusion. Another crucially important recommendation is that the scope of the National Register for Sex Offenders should be widened to include all vulnerable adults and not only those that are mentally disabled. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

Ministry of Health Decision Practice in the area of Administrative Offences according to The Act on Pharmaceuticals Key Words: Medicinal Products, Administrative Offence, Ministry of Health In the first chapter of this master thesis I dealt with the general issue of administrative offences. I also introduced the Act on Pharmaceuticals and explained the fundamental term "a pharmaceutical," which includes medicinal products and active substances. The state administration is provided by State Institute for Drug Control which adjudicates in administrative offences in the first instance, and Ministry of Health that hears appeals against these decisions. In the second chapter, there is interpreted a material law part of the Act on Pharmaceuticals. I also introduced the elements of administrative offences, responsibility for them, sanctions, speciality and subsidiarity, analogy within the administrative sentencing etc. The third chapter is dedicated to procedural matters concerning the Act on Pharmaceuticals. The whole procedure starts with a control of an operator. If he/she does not abide the relevant rules of law, State Institute for Drug Control will initiate an administrative procedure and after finding necessary facts this institution renders a meritorious decision. If the operator was not satisfied...

This thesis is basically an overview of juvenile deliquency development over the past years, centering on the Czech Republic, Southern Bohemia and the region of Jindrichuv Hradec. The thesis concentrates on mapping the causes of the most frequent kinds of juvenile deliquency in Jindrichuv Hradec. It takes into account all factors that have an impact on criminal behavior of youths. The research is based on 50 documents stored within the probation and mediation agency of Jindrichuv Hradec. The research concluded, that the main causes of youth deliquency are unorganized free time together with family problems. There's also a considerable influence from the peers. Taking these facts into account, the thesis goes on to outline preventive measures, mainly free time activities, improving legal awareness among the targeted group, teachers' education and strengthening cohesion within a family.

Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...

Criminal liability of physician for a non lege artis medical procedure Abstract This diploma thesis is focused on the issue of the criminal liability of physician for a non lege artis medical procedure. The main objective of submitted thesis is to define all the requirements and elements of criminal liability of the physician, therefore, to find an answer to under what conditions and in what situations the physician will be criminally responsible, and in what situation he will not be criminally responsible. Another objective of the thesis is to provide a definition of what can be considered as a lege artis procedure, what will be considered as a non lege artis procedure, who will assess such a procedure and what will be the consequences for the assessment of the criminal liability of a physician. In this thesis it was used mostly the method of description, analysis, deduction and a partial comparison. Thesis is divided into four main chapters, which are further divided into relevant subchapters. The first chapter is focused on the definition of all prerequisites for the criminal liability of a physician and also deals with the question of possible criminal liability of a legal person who is authorized to provide health services. The second chapter defines individual circumstances excluding illegality. The...

The aim of this study is research of irrational beliefs of Ellis in connections with personality variables in penitentiary background. This study is oriented to differences in this domains by prisoners according to the kind of criminal offence too. Prisoners were administrated (N=208; violent criminal offence N=100, property criminal offence N=108) PSSI - Inventory of styles and personality disorders (Kuhl - Kazén, 2002), Quenstionaire SPARO (Mikšík, 2001), Inventory of irrational beliefs (IBI; Koopmans et al.) and scale IPA (Kondáš - Kordačová, 2000). Results refer to signifikant high rate of prisoners irrational beliefs and their specific personality configuration. Differences in prisoners personality in according to the kind of criminal offence was not affirm. Prisoners irrationality of Ellis relate mainly to schizotyp styl of personality and to others personality variables of behavior under stress. Outcomes of this study are to use for concret work with prisoners, for creation of treatment program toward influence their attitudes, beliefs and general kognitive framework, their is relate to their criminal offence; for checking of effectiveness this programs and for inspiration in another reasearch in penitentiary population too. Key words: irrational beliefs, personality of prisoner, kind of criminal offence.

Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...

Although US remained the strongest military power in international system after the Cold War, it was still deeply concerned how to retain its military dominance in the longer term, that could guarantee US further predominance in solving major international issues. Three US military transformation initiatives, namely the transformation of the US conventional forces, the development of missile defence systems and long-range conventional precision-strike capability, are considered as the main instruments to maintain US military dominance in the future. Considering that for Russia and China, which are perceived as the major US opponents, the US military transformation emerged as a big challenge, the research problem is formulated as an attempt to understand whether and how the US military transformation poses a threat to Russia and China’s security and in turn, how this affects Russian and Chinese security policy towards the United States. Accordingly, the goal of the dissertation is to examine the impact of the US military transformation on Russian and Chinese security policy since the end of the Cold War and until 2010. The offence-defence balance theory provides the theoretical and analytical basis for the research. The results of the research have shown that US has managed to achieve an offensive advantage in the conventional offence-defence balance against Russia and China and has had a real possibility to gain such an advantage in the nuclear offense-defence balance... [to full text] / Po Šaltojo karo JAV išliko stipriausia kariniu požiūriu valstybė, tačiau, nepaisant to, JAV buvo itin susirūpinusi savo karinio pranašumo išlaikymu ateityje, kuris leistų užtikrinti tolesnę JAV lyderystę sprendžiant svarbiausius tarptautinius klausimus. JAV karinio pranašumo išlaikymo priemonėmis po Šaltojo karo tapo trys karinės JAV tranformacijos iniciatyvos: konvencinių pajėgų transformacija, priešraketinių gynybos sistemų ir ilgo nuotolio tikslaus konvencinio smūgio pajėgumų kūrimas. Atsižvelgiant į tai, kad Rusijai ir Kinijai – oponuojančioms JAV valstybėms, JAV karinė transformacija tapo dideliu iššūkiu, disertacijoje tyrimo problema apibrėžta kaip siekis suprasti, ar ir kaip JAV karinė transformacija kelia grėsmę Rusijos ir Kinijos saugumui, ir kaip tai veikia Rusijos ir Kinijos saugumo politiką JAV atžvilgiu. Atitinkamai darbo tikslas buvo ištirti JAV karinės transformacijos poveikį Rusijos ir Kinijos saugumo politikai nuo Šaltojo karo pabaigos iki 2010 m. Puolimo-gynybos balanso teorija buvo pasirinkta kaip disertacijos tyrimo teorinė ir analitinė prieiga. Disertacijos tyrimas parodė, kad, nepaisant įgyto konvencinio puolimo pranašumo ir realios galimybės siekti branduolinio puolimo pranašumo, JAV nevykdė agresyvios saugumo politikos Rusijos ir Kinijos atžvilgiu. Rusija ir Kinija jautriai reagavo į JAV karinę transformaciją, stengdamosi įgyti konvencinį puolimo pranašumą, išsaugoti branduolinį puolimo-gynybos balansą, o taip pat užkirsti kelią JAV susikurti... [toliau žr. visą tekstą]

L’habitude est un concept connu de nombreuses disciplines telles que la philosophie ou la psychologie. Si le droit ne fait pas figure d’exception, la fonction répressive du droit pénal confère à l’habitude un sens particulier en sanctionnant l’habitude pénale.Loin d’assimiler l’habitude pénale à l’habitude criminelle, la thèse en retient une conception purement juridique et objective, détachée de toute référence à la dangerosité du délinquant. L’étude, résolument technique, propose, à partir de cinq institutions (infraction d’habitude, circonstance aggravante d’habitude, récidive, réitération d’infractions et concours réel d’infractions) une notion unitaire de l’habitude pénale et une répression adaptée à la criminalité particulière du délinquant d’habitude. L’habitude est alors définie comme un ensemble de comportements répétés unis par un lien juridique consistant principalement en un lien d’analogie et un lien temporel. Cette notion a permis de déduire une répression de l’habitude adaptée à son particularisme. Ainsi, son régime juridique est influencé par sa double structure, matériellement plurale et juridiquement unitaire, de même que sa sanction est influencée par le lien unissant les comportements.En puisant des exemples de comparaison dans les législations pénales étrangères et au sein du droit privé français, l’étude permet également de mettre en évidence les atouts et les faiblesses du droit pénal français dans l’appréhension de l’habitude pénale. / Habit is a concept known by many disciplines such as philosophy or psychology. If Law is not an exception, the repressive function of criminal Law gives to the habit a specific sense by punishing penal habits.Far from assimilating penal habit and criminal habit, the thesis holds a purely legal and objective conception, disconnected from references to the offender’s dangerosity. The study, resolutely technical, suggests, from five legal institutions (habitual offence, habit as an aggravating circumstance, subsequent offence, repetition of offences and combination of offences) a unitary notion of the habit in criminal Law and a better adapted repression to the habitual offender’s specific criminality.Penal habit is defined as repeated behaviours joined by a legal link, mainly analogical and temporal. This notion allows a repression of habit adapted to its specific characteristics. Thus, the legal repression is influenced by its double pattern, physically plural and legally unitary. In the same way, punishment is influenced by the link joining behaviours.Taking examples from comparing foreign criminal legislations as well as private French law, this study emphasizes assets and weaknesses of the criminal law approach of habit.

Title: Proposal on the optimal basketball training method within the physical education of children in older school age Author: Josef Růžička The study aims to find optimal theoretical model of basketball training method within the course of physical education at primary schools and general secondary schools. We focus on children in older school age. The objective is to make basketball training more effective as well as more familiar to teachers that are lacking more complex or personal experience with this sport. We use the method of experiment. First, the numbers of testing exercises to detect the level of general game skills of the children were defined. Then the model of teaching method consisting of ten setting-up (introductory) exercises was developed and implemented into a complete semestral plan. At the beginning of experiment, two groups of children were tested for their general game skills. Then our proposed model was applied onto these two groups. We aimed to develop model of teaching that would help to improve and develop basketball skills of children. At the end of experiment period were children's basketball game skills tested again to see what extend was our proposed model successful. The results proved that proposed method of teaching was appropriate, since both groups of children...