La justice pénale française connait une diversification des modes de traitement des affaires qui lui sont soumises. Cette diversification résulte de facteurs endogènes et exogènes au système lui-même. Elle est le point de convergence de l'évolution des conceptions des phénomènes criminels, des attentes sociales pour une justice pénale efficace et, d'un nouveau mode de gestion de la justice. Les modes de poursuite traduisent une de logique de politique criminelle et, une logique de rationalisation du mode de management de la justice pénale. La notion de «modes de poursuite» devient une nouvelle catégorie juridique qui structure le traitement des délits. Sa portée théorique modifie l'approche de la poursuite. La diversification des modes de poursuite a des incidences sur la conception et la typologie du procès pénal et sur l'organisation des juridictions. Le procès pénal monolithique hérité du code d'instruction criminelle de 1808 devient un procès pluriel ayant une physionomie renouvelée et des finalités multiples. La poursuite pénale répond à des principes directeurs nouveaux ou renouvelés. La notion de «schéma d'orientation» illustre cette évolution. Une prise en compte législative de cette notion déboucherait sur une meilleure structuration de la réponse pénale. L'organisation de la chaîne pénale est également affectée, ainsi que la place des acteurs du procès. Des mécanismes de concertation et de délégation sont apparus. Le nouveau management judiciaire trouve appui sur cette diversification des modes de poursuite. Le procès pénal doit intégrer la transformation numérique qui devrait aboutir à la construction d'un procès pénal numérique. / The French criminal justice currently goes through a diversification of cases treatment processes. This diversification is the result of many factors, both endogenous and exogenous. It is the focal point of the evolution in theoretical approaches regarding criminal phenomena, social expectations of an effective criminal justice, and of a new process of justice management. Prosecution choices reflect a logic of criminal policy and also a logic of rationalization of the criminal justice management. The idea of «prosecution choices» becomes a new legal category that articulates the response to criminality. Its theoretical range modifies the approach of the prosecution. The diversification of prosecution choices has consequences on both conception and typology of the criminal trial and on courts organisation. The monolithic criminal trial inherited from the 1808 French code of criminal investigation becomes a more plural trial, with a renewed configuration and multiple purposes. The notion of « orientation schematics » illustrates such evolution. A legislative consideration of this notion would lead to a better structuring of the criminal justice response. The criminal justice system's organization is also affected, as well as the parties situation in the trial. Consultation and delegation mechanisms appeared. The new judicial management builds on this diversification in the prosecution choices. The criminal trial must integrate the digital transformation that should lead to the construction of a digital criminal trial.

"Although the United Nations (UN) has often been pivotal in forging the international response to serious human rights crimes in such settings, the justice gap in countries such as the Democratic Republic [of] Congo (DRC) (the focus of this study) underscores the need for more systematic UN efforts. The war in the DRC has resulted in one of the world's worst humanitarian crisis with over 3.4 million displaced persons scattered throughout the country. An estimated 3.5 million people have died as a result of the war. The armed conflict has been characterised by appalling widespread and systematic human rights violations, including mass killings, ethnic cleansing, rape and the destruction of property. The most pressing need to be addressed is the question of justice and accountability for these human rights atrocities in order to achieve a durable peace in the country and also in the Great Lakes region (Rwanda, Burundi, Uganda, Angola and the DRC, to name just a few). In this respect, this study will address the grave human rights violations committed in the DRC and the mechanisms for dealing with them. It is particularly true in post-conflict situations where justice systems have been either partially or completely destroyed, that national courts are not capapble of arriving at a uniform stance, or willing to provide justice for atrocities in the immediate future. As a result, international justice seems to be a crucial and last resort that must continue to be fortified against efforts to undermine it. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will discuss the state obligations in international law to prosecute gross violations of human rights and gives a summary of the human rights violations situation during the Congolese war. Chapter three will discuss the available naitonal mechanisms for accountaiblity in the DRC. It will discuss if national courts and TRC are able to deal with these atrocities committed in the DRC. Chapter four will analyse the extent to which the ICC could deal with the Congolese case and challenges. Chapter five will discuss the trends towards accountability in the DRC and the way forward. Chapter six will draw a conclusion on how to break the cycle of impunity in the DRC." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. Boukongou Jean Didier and Dr. Atangcho Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

With the establishment of the Directorate of Special Operations (Scorpions), the Asset Forfeiture Unit (AFU), the Special Investigating Unit (SIU) and the Departmental Investigating Unit (DIU), questions were asked as to whether this is a creation of new units of the Police Service. These questions were exaggerated by the fact that the media uses the term "Scorpions" whenever the Scorpions, the AFU, SIU and the DIU perform their functions. South African legislation that governs organised crime does not demarcate activities to be dealt with by the SAPS, AFU, DIU, Scorpions and the SIU. The Constitution of South Africa lays down the objects of the police, but it is silent about the objectives of the Scorpions, AFU, SIU, DIU and other investigative institutions except that it only mentions the creation of a single National Prosecuting Authority (NPA). A literature study was used as the basis for this study. In addition, unstructured interviews and observation were used to gather evidence from the relevant stakeholders. An analysis of the SAPS Detective Service, the Special Investigating Unit (SIU), the Scorpions, the Departmental Investigating Unit (DIU) of the Department of Correctional Services and the Asset Forfeiture Unit (AFU), was done in order to establish the overlapping of functions. Indeed, overlapping was discovered between the Scorpions and the SAPS Detective Service, the AFU and the SIU, as well as between the SAPS and the DIU. In order to make a proper finding, an analysis was done of anti-corruption agencies in Botswana, Nigeria, Malawi and Hong Kong. The findings indicate that the better way of fighting corruption, fraud, economic and financial crimes, is through the establishment of a single agency that will work independently from the police, with a proper jurisdiction. / Criminology / D.Litt. et Phil.(Police Science)

Many young people in South Africa are involved in crime, especially violent crime. This statement is supported by statistics obtained from the Annual Report (2013:37) of the Judicial Inspectorate for Correctional Services which indicates that 26 282 young people were serving sentences in South African Correctional Centres at the end of the 2012/13 financial year. This annual report of the Department of Correctional Services (2013:13) indicates that at the time of the report, 11 000 offenders were sentenced to life imprisonment and a third of them were youth offenders. The majority of these young people have to be transferred from juvenile facilities to adult centres to continue their incarceration when they turn twenty one. This transition holds a number of challenges, both for these young people and the Department of Correctional Services. Young people are confronted with the reality of possibly falling victim to HIV/AIDS, gangs, sodomy and rape in overcrowded, adult correctional facilities. The Department of Correctional Services encounters problems in assisting these young people to adjust to this transition and the protection of these young people from assault and abuse by older inmates remains an institutional concern. The main aims of this research are to examine: the age at which juveniles are transferred to adult correctional centre to continue with their sentences; the factors taken into account before transfer; the challenges faced by youth offenders in adult correctional centre; and the needs of youth offenders in adult correctional facility. The study addresses the following questions: • At what age are youth offenders transferred to adult correctional centre? • What other factors besides age are considered before youth are transferred to adult correctional centre? • Are there any preparatory measures in place to assist youth with the transfer? • Are there any induction programmes available to assist youth adjusting in adult correctional facility? • What are the challenges faced by youth in adult facility? • What are the needs of youth offenders in adult facility? / Criminology and Security Science / M.A. (Criminology)

This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive diachronic as well as contemporary overview of the punishment and prevention of human trafficking in South Africa as well as in the legal systems of the US, Germany and Nigeria is provided. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking generally, as well as specific, to the four selected regions. It was found that in South Africa – similar to the history of slavery in the jurisdictions of the US, Germany and Nigeria – colonisation and the institution of slavery and, more particularly in South Africa, the legacy of the apartheid regime has had an impact on modern human trafficking. The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa needs to adopt specific and comprehensive anti-trafficking legislation that is based essentially on the provisions of the Palermo Protocol, that is, the draft TIP Bill. Although the Bill is a major improvement on the provisions in the Palermo Protocol as well as on certain aspects of the anti-trafficking legislation in the US, Germany and Nigeria, the Bill can still be improved, especially with regard to more effective victim assistance and the combating of local-specific vulnerability factors. Anti-trafficking efforts undertaken in the US, Germany and Nigeria which may be of value also for the adoption of anti-trafficking legislation, law enforcement and other strategies in South Africa, are further identified. iv The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties (including conventions), protocols, declarations and resolutions – those focussing specifically on combating trafficking and those with a human-rights focus – oblige states to prosecute traffickers, protect people vulnerable to trafficking as well as those already trafficked and create structures for prevention. Regional instruments specifically formulated to combat trafficking as well as instruments that make reference to the issue of trafficking in persons may further provide the basis for long-term strategies to combat human trafficking. However, it was found that although South Africa has adopted many cooperative mechanisms in the form of direct bilateral or multilateral agreements, as well as international and regional treaties and conventions, the jurisdiction has not as yet implemented comprehensive strategies to combat human trafficking. The introduction of legislation to combat human trafficking, and various other strategies envisaged in the TIP Bill and also recommendations suggested in this thesis, should be considered by parliament as a matter of priority. A comprehensive response to human trafficking which includes adequate protection of victims is required in terms of various constitutional imperatives identified in this research. / Criminal & Procedural Law / LL.D.

Objective: Criminal liability for the sexual-transmission of HIV raises complex questions for both clinicians and service-users regarding their responsibilities and legal obligations to disclose information to others. This is the first research study to address the impact of these issues upon everyday clinical and professional management in the UK. The prevalence and incidence of clinical and HIV-legal issues reported by the 107 psychologists sampled are reported. Design: A cross-sectional approach comprising two components was utilised: Firstly, questionnaire survey (Response rate 22%) scoping the experiences of practice issues among psychologists from sexual-health and generic settings. Attitudes towards HIV-prosecutions and various measures of professional self-efficacy were also collected. Secondly, three focus groups (N=15) exploring the impact of practice issues upon clinicians’ likely confidentiality breaking behaviours. Methods: Clinical and legal issues are presented. Further statistical analyses explored the interaction of various demographic, clinical and attitudinal variables upon clinician’s perceived self-efficacy. Focus Group transcripts analysed using Thematic Analysis (Data-driven approach) with eight emergent themes. Results: Although no direct involvements in police investigations reported, two instances of psychology notes being subpoenaed plus multiple ‘near miss’ clinical experiences described. High proportions of sexual-health psychologists experienced HIV-clients disclosing problematic behaviours, including intentional transmission (9%; N=5) and/or ‘reckless’ behaviour (72%). Focus groups expressed high levels of anxiety regarding these scenarios associated to multiple influences (interpersonal, clinician, professional and service factors). Quantitative and qualitative results were triangulated to provide a detailed analysis of how psychologists manage the clinical impact of the issues. Conclusions: Psychologists broadly supported HIV-prosecutions for intentional transmission (81%) but only limited support around ‘reckless’ cases (44%), particularly among those sexual-health experienced. Those ‘critical’ attempted to mitigate the impact of legal issues by proactively raising awareness among HIV-clients and resisting overly-defensive service changes; whereas those ‘less-critical’ were more accepting. Clinical, training and therapeutic implications are briefly considered.

Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.

Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...

Made available in DSpace on 2016-04-26T20:25:57Z (GMT). No. of bitstreams: 1 Andre Guilherme Lemos Jorge.pdf: 517315 bytes, checksum: 4a4d0a0917509a5848d9dcdc92707c0c (MD5) Previous issue date: 2007-10-10 / The objective of the following essay is to demonstrate how the constitutional principles of the rights to contest and of legal defense should be applied to the acts within the public prosecution. This kind of process is based in inquiring examination, which requires secrecy. To support the adversary practice here would, therefore, be an incongruent statement. After studying the evolution of the study of legal principles, we traced an epistemological division, to present the value and the reach of the laws constitutionally originated as fundamental rights. Now, appears the conflict between national security, represented by the secret investigation, against the due process of law, guarantied as an individual liberty. As an immediate consequence of the due process of law, we find the right to contest and the right of legal defense, concluding that the State of Law will only achieve its plenitude when all aspects of legitimate defense become effectively guarantied. Intending to penetrate profoundly within the inquisition instrument, centered as object of this essay; we drove through the roads traced by experts in Public Law, in innumerous attempts to define the series of acts and facts bonded in the heart of the Public Administration. The administrative process is a conquest of conceptual revolution, aroused after many debates, mainly when we determined the exact limits between the State functions. The Public District Attorney Office, once born to cohibit arbitrary acts, originated from the concentration of inquisitor and decision making powers in the hands of the sovereign one, now tends to insert itself in this power concentrating position. One of its most powerful instruments, the public prosecution, attributes to each member of the D.A. Office a compound of immense investigatory powers, a fact that per se, is enough to embrace the present theory. The conclusion arrived, giving prestige to modern public process policies and demanding the effectiveness of constitutional principles, lines itself in a parallel position to the world search for the materialization of human rights / O presente trabalho tem por finalidade demonstrar que os princípios constitucionais do contraditório e da ampla defesa devem ser aplicados aos atos que se encadeiam durante o curso do inquérito civil. Buscou-se em toda a dissertação demonstrar a incongruência presente na afirmação de que, por ser inquisitorial o processo, inexistiria espaço para a concretização de diversos aspectos da contrariedade. A partir do estudo da evolução da principiologia, foi traçado um corte epistemológico, para enfim apresentar o valor e o alcance das normas erigidas constitucionalmente como direitos fundamentais. Surge o embate entre a segurança social, representada pela inquisitoriedade pura e, de outro lado, o devido processo legal, assegurador da liberdade individual. Como decorrência imediata do devido processo legal, encontram-se o contraditório e a ampla defesa, pelo que a conclusão será que o Estado de Direito somente atingirá sua plenitude quando se garantir a efetividade plena a todos os aspectos da defesa. A fim de adentrar em definitivo no instrumento inquisitorial objeto do trabalho, serão percorridos os caminhos traçados pelos administrativistas, nas inúmeras tentativas de definir a sucessão de atos e fatos ocorridos no seio da Administração Pública. O processo administrativo é uma conquista da evolução conceitual, após infindáveis debates, sobretudo quando delimitamos o exato limite entre as funções do Estado. A instituição do Ministério Público, nascida para coibir arbitrariedades advindas da concentração de poderes investigatórios e decisórios nas mãos do soberano, acaba por se inserir no espectro das atividades estatais. Um de seus instrumentos mais poderosos, o inquérito civil, atribui a cada membro do parquet, uma gama imensa de poderes investigatórios, fato que, por si só, seria suficiente para embasar a presença da defesa. A conclusão a que se chega, ao prestigiar a moderna processualística administrativa e exigir a efetividade dos princípios constitucionais, alinha-se à busca mundial pela concretização dos direitos humanos

A saúde é direito fundamental, garantidor da adequada formação, desenvolvimento e preservação da vida, pressuposto da dignidade da pessoa humana, com capacidade de influir para o qualificado desfrute dos demais direitos. Tanto assim que as ações e os serviços sanitários, na complexa realidade social e no campo constitucional, são reconhecidos como de relevância pública. Essas circunstâncias obrigam o Estado (gênero) a atuar diligentemente em prol da gestão, prestação e regulação desse direito, a fim de que possa ser assegurado de modo universal, equitativo e integral a todos. Ademais, justifica ser eficazmente protegido e operacionalizado mediante políticas públicas, a bem do interesse de cada indivíduo e da coletividade. Essa conjuntura, somada à necessidade de receber enfoque democrático, obriga que a tutela da saúde seja trabalhada através de postura transdisciplinar para a prevalência de justa resposta sanitária, em proximidade com a verdade e sem que o sistema jurídico e o microssistema jurídico-sanitário percam suas identidades no contato indispensável com outros sistemas. Tais aspectos reforçam a indispensabilidade de o Ministério Público funcionar como colaborador capaz de construtivamente proteger o direito à saúde. Todavia, a atuação da instituição em prol da saúde permanece aquém das obrigações constitucionais que lhe foram destinadas e abaixo das expectativas prevalentes no ambiente social. Por isso, não escapa de críticas e necessita adotar providências, no intuito de, concretamente, assegurar-lhe eficácia jurídica e social. Este trabalho objetiva contribuir para que a saúde pública e sua tutela através do Ministério Público sejam melhor compreendidas, organizadas, planejadas, estruturadas e executadas ainda no campo extrajudicial. Utiliza da fenomenologia, de fatores histórico-axiológicos, do rigor linguístico e do perspectivismo de José Ortega Y Gasset para alcançar esses propósitos. Propõe que o direito à saúde e as políticas correspondentes sejam tutelados pelo Ministério Público a partir: i) de seu atuar conjuntivo e cooperado; ii) da prática da humanização cidadã; iii) de postura baseada na ressignificação e reinicialização de seus atos; iv) do desempenho de funções setoriais e regionais; v) do reconhecimento e valorização de seus membros, quando intervirem de modo operoso; vi) da racionalização de seu agir; vii) da implantação e alimentação de banco de dados nacional e estaduais; viii) da definição de posições amparadas em ponderação criteriosa; ix) do funcionamento norteado pela resolutividade orientadora do sistema público de saúde e x) da busca de auxílio na biomimética, quando possível. / Health is a fundamental right, guarantor of adequate formation, development and preservation of life, a prerequisite for the dignity of the human person, with the capacity to influence the qualified enjoyment of other rights. So much so that health actions and services, in the complex social reality and in the constitutional field, are recognized as of public relevance. These circumstances oblige the State (gender) to act diligently for the management, provision and regulation of this right, so that it can be ensured in a universal, equitable and integral manner to all. In addition, they justify being effectively protected and operationalized through public policies, in the interests of each individual and the community. This conjuncture, coupled with the need to receive a democratic approach, obliges health care to be worked through transdisciplinary posture to the prevalence of a just health response, in close proximity to the truth, and without the legal system and the legal-sanitary micro-system losing their identities in the indispensable contact with other systems. These aspects reinforce the indispensability of the Ministério Público (Public Prosecution Service) to function as a collaborator capable of constructively protecting it. However, the institution\'s action in favor of health remains below of the constitutional obligations and down of expectations prevalent in the social environment. Therefore, it does not escape criticism and needs to take measures, in order to concretely ensure legal and social effectiveness. This work aims to contribute to public health and its your protection through the Ministério Público are better understood, organized, planned, structured and executed still in the extrajudicial field. It uses phenomenology, historical-axiological factors, linguistic rigor and the perspectivism of José Ortega Y Gasset to achieve these purposes. Proposes that the right to health and the corresponding policies be protect by the Ministério Público from: i) its your conjunctive and cooperative activity; ii) the practice of citizen humanization; iii) of posture based on the re-signification and reinitialization of its acts; iv) the performance of sectoral and regional functions; v) recognition and appreciation of its members, when they intervene in an efficient way; vi) the rationalization of its action; vii) the implantation and feeding of national and state database; (viii) the definition of positions supported by careful balancing; ix) the activity guided by resolutiveness advisor of the public health system and x) the search for biomimetic assistance, when possible.