Academic literature on the topic 'Criminal Law - General'

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Dissertations / Theses on the topic "Criminal Law - General"

1

Chantry, Allen David. "Mens rea in modern criminal law." Thesis, Liverpool John Moores University, 1988. http://researchonline.ljmu.ac.uk/4895/.

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The purpose of the thesis is to critically analyse the current legal forms of mens rea which are shared by common law and statute, namely intention, recklessness, malice, negligence and strict liability. I shall argue that the current concepts are (i) inadequate since they lack conceptual clarity, consistency and cohesion; (ii) that the concepts of intention and recklessness lack terminological consistency since their parameters extend to states of mind which properly belong elsewhere and (iii) that they are unable to draw out significant moral distinctions in moral culpability with which agen
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2

Clavijo, Jave Camilo. "Criminal compliance in the peruvian criminal law." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/115578.

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First, this work proposes a study of the origin, elements and application of the Compliance Program or, also named, Regulatory Compliance Program. The aforementioned program is understood as an internal device that corporations use not only to comply with the current legislation but also to prevent and detect legal violations they could be found in or as part of the activities they carry out.Second, it tries to explain and develop the connection between, on one hand, the new risks in the financial and technological development and, on the other hand, Criminal Law as a protective body of import
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3

Chaves, Mariana. "The evolution of European Union criminal law (1957-2012)." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/590/.

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This thesis addresses the nature of European Union criminal law (ECL). It claims that ECL has evolved along two main expanding dynamics, both with a significant punitive emphasis. The first dynamic of ECL focuses on the fight against a particular type of criminality that the European Union perceives as threatening to its goals - ‘Euro-crime’ - a criminality with particular features (complex in structure and which attempts primarily against public goods) that reflects the nature of contemporary societies. This focus was brought about by rationales such as the fight against organised crime, the
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4

Fernández, Ruiz José Manuel. "Indigenous peoples and immigrants : the multicultural challenge of criminal law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/9107/.

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This thesis is the conclusion of doctoral research that pursued to examine whether indigenous peoples’ demands for access to their cultural practices can be accommodated within criminal law. In a globalised context in which states become increasingly multicultural this question raises fear of social fragmentation and the anxiety for achieving unity. Certainly, Rwanda and Kosovo evidence that claims to access culturally diverse practices may lead to war or even genocide. The context of the thesis is a more benign form of response to these claims: accommodation. While accommodation in general ha
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5

Kihara-Hunt, Ai. "Individual criminal accountability of UN police personnel." Thesis, University of Essex, 2015. http://repository.essex.ac.uk/16022/.

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UN police are involved in establishing the rule of law, in UN Peace Operations. However, they themselves commit serious crimes, but are not generally prosecuted. This is likely to have an impact on the UN’s effectiveness and legitimacy. Are the UN’s mechanisms for addressing criminal accountability effective? If there is a problem, how can it be mitigated? To answer these questions, the qualifications, qualities and functions of UN police were identified. Next, an attempt was made to quantify the problem of their criminal behaviour. Current accountability mechanisms were assessed. Jurisdiction
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6

Ferguson, Rex. "Experience on trial : criminal law and the modernist novel." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/1319/.

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The cultural forms of modernity become truly modern only when specific experience, as opposed to tradition or faith, is made the basis of epistemological authority. By taking the primary examples of law and literature, this thesis argues that the criminal trial and realist novel of the eighteenth and nineteenth-centuries perfectly conform to this statement. But by the early twentieth-century, experience had, as Walter Benjamin put it, ‘fallen in value’. As such, the modernist novel and trial come to have foundations in a non-experience which nullifies identity, subverts repetition and supplant
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7

Woraker, Audrey. "Regulation of the sex industry from a criminal law perspective." Thesis, University of Essex, 2017. http://repository.essex.ac.uk/19956/.

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This thesis examines the sex industry as a whole with the intention of establishing that prostitution should not be marginalised but integrated within the criminal law and regulated as other Sexual Entertainment Venues. I first establish a framework of analysis needed to illuminate the constraints put upon the different elements of commercial sexual activities. This framework stems from the Sexual Offences Act (SOA) 2003, the primary statute that regulates all sexual activities, whether commercial or non-commercial. It has four elements: consent, nature, purpose and visibility. By means of ‘bl
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8

Rumbold, John Mark Michael. "The parasomnia defence : expert evidence in criminal trials." Thesis, Keele University, 2015. http://eprints.keele.ac.uk/2501/.

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There are increasing numbers of defendants seeking to rely on the occurrence of sleepwalking or some other parasomnia in their defence to a criminal charge. Consequently this has become a matter for public concern, particularly in relation to sexual assaults committed after alcohol consumption. This study used ethnographic methods to understand how the expert witnesses assess the accused in these cases, and then present their evidence to the jury. It also looked at the two-way interactions between law and medical science, and the difficulties each field has with the other. Sleepwalking in part
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9

Saleh, Tarik A. "Effect of mental disorder on criminal responsibility and punishment." Thesis, University of Glasgow, 1990. http://theses.gla.ac.uk/8602/.

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The problems which exist for a discussion about the relationship between the so-called mentally-disordered offender or accused and the notion of criminal responsibility and punishment are complex. They can not be fully understood without a consideration of the definition of crime, criminal responsibility, and of theories of punishment. Problems are not simply confined to a theoretical level. Accordingly, there is a need to understand the reality of mental disorder as perceived by psychiatrists and lawyers. This thesis, in chapter 1, looks at the concept of crime and attempts to establish a com
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10

Xue, Dong. "A general study of the extraterritoriality of criminal forfeiture law, Canada and China." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0023/MQ51513.pdf.

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