The master thesis addresses the institute of the conditional discontinuance of criminal prosecution. Being one part of divergences, the core of the conditional discontinuance of criminal prosecution lays in temporally suspension of further criminal proceeding with a premise of its definitive suspension if the legal requirements are met. Except for the introductory part and the conclusion, the thesis is divided into three main chapters. The first chapter is devoted to the concept of restorative justice and deals also with a concept of divergences. In addition to the definition of the divergence the thesis addresses adequately particular types of divergences as they appear in Czech criminal proceedings. The core of the thesis shall be found in the chapter number two, which provides a closer look at the conditional discontinuance of criminal prosecution itself. Through all the paragraphs in this chapter the conditions of an application of the conditional suspension, the course of the probation period and particularities of this proceeding are being dealt with. Furthermore, the chapter includes also a summarization of an evolution of the law, as well as a brief study of a Slovak conception of conditional discontinuance of criminal prosecution. In the closing chapter several de lege ferenda thoughts are...

Doctor Legum - LLD / Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. The unfortunate sight of a child holding a gun has become a familiar picture throughout armed conflicts, especially in Africa. Both boys and girls are used as child soldiers and they can be as young as 5 years old. They are mainly regarded as victims of crimes under international law and are therefore usually rehabilitated once they have been disarmed and demobilised. Notwithstanding their need for rehabilitation, it is a fact that child soldiers commit some of the most egregious crimes under international law. They receive military-style training and are presumably not afraid of killing and carrying out orders. Yet it is recognised that generally they do not have the same level of maturity as adults. The reality of child soldiers who join armed forces therefore presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are individually responsible for committing crimes under international law. Consequently, various safeguards need to be upheld to ensure that the best interests of the child are maintained once a child soldier is held criminally responsible. This thesis analyses the extent to which child soldiers can be prosecuted under domestic and international law, as well as the implementation of alternative measures to prosecution. The thesis proposes that a case-by-case approach should be considered when child soldiers are prosecuted for crimes under international law, thereby investigating and analysing the often distinctive circumstances related to their crimes. / German Academic Exchange Service (DAAD)

Magister Legum - LLM / German Academic Exchange Service (DAAD)

The thesis deals with the supervisory and controlling activities of the public prosecutor against a background of the historical developments since 1948 up to the present day in Czechoslovakia and its successor states. It focuses on the key changes that have taken place within the public prosecution institutions and depicts the specific forms these bodies have taken along the years. Subsequently it points out the most recent forms of the public prosecution authorities performing in the Czech and Slovak republics and compares them. The thesis marginally looks at the discussions accompanying the adoption of a new public prosecution law and it maps their course so far. While compiling the thesis, analytical, historical and comparative methods were being used, with the thesis relying prevailingly on books, legal regulations and technical papers as sources of information. Having processed all the background materials and having carried out a subsequent comparison within the framework of the historical developments since 1948 along with a comparison of the Czech and Slovak republics, I have eventually arrived at a conclusion that the notions of supervising and controlling are not interchangeable and that the goal of the thesis, which consisted in their delimitation and mutual differentiation in the first place, has been reached.

En 1668, Louis XIV établit un conseil souverain à Tournai afin de favoriser le retour de la paix au sein des territoires annexés. Promettant originellement de conserver les usages et particularismes locaux, le monarque souhaite progressivement assimiler la cour souveraine, devenue parlement en 1686, au modèle français. L’approche envisagée permettra une réflexion sur l’histoire du ministère public flamand sous le prisme de l’un de ses « hommes », Ladislas de Baralle, procureur général de 1691 à 1714. Si l’exceptionnelle longévité de sa carrière justifie le choix de cette figure marquante, cette étude s’étend au-delà d’un simple projet prosopographique. L’activité du procureur général s’inscrit en effet au coeur d’une période de bouleversements historiques en Flandre. Ladislas de Baralle, représentant du monarque et garant de l’interprétation des textes royaux, n’en reste pas moins un fervent défenseur de la coutume héritée des Pays-Bas qu’il tente d’appliquer dans un souci d’apaisement. / The 17th and 18th centuries appear as a period of conquests and territorial changes in Europe, particularly in Flanders. In 1668, the southern part of the former Spanish Low Countries are attached to the French crown. To bring peace back in the province, Louis XIV decided to create a court for the newly conquered territories, the conseil souverain of Tournai. This sovereign court replaced the former councils of Flanders and Mons and the Great Council of Malines to judge in appeal the cases brought before the courts of the annexed territories. In 1686, the institution obtained the title of parlement to be definitely assimilated. During its first years of existence, the parlement of Flanders had to assert its particularities. Indeed, when Louis XIV created the court, he promised to keep the Flemish customs and privileges. He therefore appointed local jurists who knew them. In 1691, Ladislas de Baralle became General Procurator. He had one of the longest careers, twenty-three years of office. If today the prosecutor’s function mainly applies to litigation, his role during Ancien Régime was much larger. He embodied the King’s prerogatives and ensured the enforcement of royal legislation in the parlement’s jurisdiction. In spite of his promises, Louis XIV tried progressively to enforce “French” law and procedure in the realm while Flanders asserted its particular Coutumes and privileges. Born in Flanders but representing Louis XIV, how could Baralle balance both roles ?

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...

"It is an accepted norm of international law that sitting heads of state have immunity from criminal prosecutions. A head of state is normally entitled to immunity from prosecution anywhere, even after he or she is no longer the head of state. However, in recent years we have witnessed the dramatic shift from this customary international law principle where some jurisdictions have been arresting, or threatening to arrest, former and sitting heads of state in order to institute criminal prosecutions against them. There is, however, no uniformity in the application of this action. Those jurisdictions that determine who is to be arrested or prosecuted are so selective that not all those alleged to have committed these crimes are arrested or prosecuted. On the other hand, existing jurisprudence on this subject is not firm in its application. This problem, therefore, calls for harmonisation of the application of the principle of immunity for heads of state in order to make international law reflect the real consent of states. ... The study is divided into four chapters. Chapter one addresses the background on which the study is premised, outlines the statement of the problem, objectives and their significance and the literature review. Chapter two discusses the principle of immunity as developed by prominent international lawyers, courts decisions and other generally applied principles in international law. Chapter three takes the practical application of the principle of head of state immunity against criminal prosecution in interantional law. This involves an examination of the application of the principle from selected national jurisdictions and by the International Court of Justice. Chapter four concludes the discussion and provides for necessary recommendations on the way forward." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...

Immunity in criminal law Abstract This thesis aims to offer the reader a view of the institution of parliamentary imunity as it relates to criminal law. This topic frequently divides both the experts in criminal law and also the general public. Despite the fact that most of the time this legal issue is talked about with respect to the constitutional law it has an impact on criminal law, both the substantive criminal law and the procedural criminal law. The complexity of this topic is self-evident and opinions vary greatly across the field, which is one of the reasons why this topic is sought out quite frequently by many students who approach it from various angles. The work is structured in a way to familiarise the reader with the necessary knowledge even if the reader is not an expert in law, but who is, for example, interested in the topic from a political perspective. The thesis covers the basic introduction to the topic, historical evolution of the institution including the legal transformations all the way up to the date this work has been finalised, squaring this institute with the basic principles of democratic state and a comparative analysis of this institute in other European countries. Important part of this thesis is dealing with specific uses of the parliamentary imunity. The conclusion of this...

This thesis aims to understand the challenges that are encountered in the prosecution of police officers, and how they influence socio-legal issues. The paper will focus on German law enforcement and cases involving human rights violations.  Using a qualitative legal research approach and legal sources, it will aim uncover the systematic and legal issues that stand in the way of police prosecution. The research concludes that the systemic issues cause for unjust trials and the disregard of human rights in the justice system.