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Dissertations / Theses on the topic 'Criminal liability'
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1
Sugawara, Masayuki. "Corporate criminal liability for manslaughter." Thesis, University of Bristol, 1999. http://hdl.handle.net/1983/dde0cfe7-338d-47c9-9b91-09a8f1b85408.
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In the late 1980s, a series of disasters was witness in the United Kingdom, such as the King's Cross Underground fire, the Piper Alpha disaster, the Clapham Junction Railway accident and the capsize of the ferry "Herald of Free Enterprise" at Zeebrugge. Although the following inquiries and reports highly criticised corporations for their poor management and organisation relevant to the risk of harm inherent in their activities, very few prosecutions for manslaughter have followed. Since the occurrence of these disasters, however, an increasing perception that deaths caused through corporate operations should comprise a category of corporate manslaughter has gradually become embedded in the public mind, and the publication on March 1996 of the Law Commission Paper dealing with corporate killing has brought about legal debates concerning how to hold corporations criminally liable for manslaughter. In addressing these legal issues, this thesis first traces the historical development of corporate criminal liability in English law and examines the current status of corporate liability for manslaughter. Then, it indicates practical and theoretical flaws from which most existing theories for corporate manslaughter suffer, and propounds a new theory of corporate liability for manslaughter by which both corporate and individual offenders can be held liable under the same conditions. Finally, it considers corporate defences and sentencing factors in the context of corporate manslaughter
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Näs, Elvira, and Michael Nyman. "Corporate criminal liability in Sweden." Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36366.
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Swedish criminal law does not allow for corporate criminal liability as it is built on the
basic principle of personal criminal liability, meaning that only private individuals are
considered able to possess criminal liability and consequently commit crimes. However, a
corporation may be subject to corporate fines and other sanctions if a crime has been committed
during the corporation’s operations. Corporate fines are the closest equivalent to
corporate criminal liability under Swedish law, which sole purposes is punitive although it
has been deemed impossible to categorize corporate fines as a punishment in the strictest
sense. This article will further explain the design of corporate fines today, the problems
resulting from corporations not being able to possess criminal liability as well as the proposed
changes to corporate fines from a critical perspective.
3
Alenzi, Fawaz F. ".The Criminal Liability of Ministers in Kuwait." Thesis, University of Essex, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.486743.
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The criminal responsibility of a minister is provided for in Article 132 of the Kuwaiti constitution, by giving the parliament the power to issue a law for the trial of ministers. This law will define the potential ministerial offences; the procedures to be followed as well as the court authorised to undertake the trial of ministers. The aim of this study is to investigate the constitutionality and applicability of the law of trial of ministers in Kuwait, and the extent to which this law has been influenced by the laws of criminal trial ofministers in other jurisdictions in particular French and Egyptian Law.To reach that end this study will first discuss the growth and development of criminal responsibility in both the Kuwaiti law and the other similar jurisdictions. The study will then discuss the ministerial crime, before investigating the p~ocedures to make a criminal case against a minister. Then the body authorised with the investigation in case a minister commits a crime while on duty will be discussed, besides the formation of the ministerial court and the authority of this court.
4
Hane-Weijman, Jansson Rasmus. "Corporate Criminal Liability - time for Sweden to look beyond individual criminal responsibility?" Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-360281.
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Schopp, Robert Francis. "Actions, reasoning, and criminal liability: Philosophical and psychological foundations of criminal responsibility." Diss., The University of Arizona, 1989. http://hdl.handle.net/10150/184787.
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Contemporary American Criminal Law, as represented by the American Law Institute's Model Penal Code, defines the structure of criminal offenses in a manner that establishes certain psychological processes of the defendant as necessary conditions for criminal liability. In order to convict a defendant, the state must prove all offense elements including the voluntary act and culpability requirements. These provisions involve the actor's psychological processes, but neither the exact nature of these requirements nor the relationship between them is clearly understood. Certain general defenses, such as automatism and insanity, also address the defendant's psychological processes. It has been notoriously difficult, however, to develop a satisfactory formulation of either of these defenses or of the relationship between them and the system of offense elements. This dissertation presents a conceptual framework that grounds the Model Penal Code's structure of offense elements in philosophical action theory. On this interpretation, the offense requirements that involve the defendant's psychological processes can be understood as part of an integrated attempt to establish the criminal law as a behavior guiding institution that is uniquely appropriate to those who have the capacity to direct their conduct through a process of practical reasoning. The key offense requirements are designed to limit criminal liability to those behaviors that are appropriately attributed to the offender as a practical reasoner. Certain general defenses, including insanity, exculpate defendants when their behavior is not attributable to them as practical reasoners as a result of certain types of impairment that are not addressed by the offense elements. This conceptual framework provides a consistent interpretation of the relevant offense elements and defenses as part of an integrated system that limits criminal liability to those acts that are appropriately attributable to the defendant in his capacity as a practical reasoner. In addition, this dissertation contends that this system reflects a defensible conception of personal responsibility.
6
Weston, Sarah. "Criminal complicity : a comparative analysis of homicide liability." Thesis, Swansea University, 2002. https://cronfa.swan.ac.uk/Record/cronfa42358.
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The work considers the construction of homicide liability where two or more parties participate in a crime that culminates in a homicide collateral to the original criminal purpose. Under English law, this scenario is encountered in joint enterprise cases and, in 1997, the House of Lords gave a judgement intended to clarify the liability of participating non-perpetrators of homicides committed during the execution of joint criminal enterprises. In 1993, the Law Commission recommended amending the doctrinal basis of complicity. Omitting joint enterprise from the new framework, it was suggested that it be recognised as a separate doctrine. In order to assess the Law Commission's proposals and the House of Lords' judgement, the historical progress and socio-political context of complicity and homicide are examined prior to analysing the alternative doctrinal foundations for secondary liability, including the relationship between complicity, incitement and conspiracy. In concluding that an amendment to the doctrinal basis of complicity fails to deliver convincingly comprehensive solutions to the existing problems and that joint enterprise cannot stand alone as a meaningfully discrete head of liability, attention is focussed upon the impact of the substantive law of murder and involuntary manslaughter upon secondary liability. It is submitted that the unpalatable theoretical solutions to secondary party homicide liability gain potency from the development of substantive homicide and from the uneven results achieved when applying the substantive law to accessories. The principal comparative model is South African law. Having chosen to adopt common purpose liability from English law and develop the resulting liability alongside Roman-Dutch principles. South Africa provides both similarities and differences with English developments. Furthermore, consideration of the cases that pervaded the apartheid era provide a further insight into the socio-political context of this area of the law. Both the English and South African material include cases up to and including 30 June 2002.
7
Marangon, Timothy David. "Criminal liability for corporations that kill : proposals for reform." Thesis, University of Salford, 2003. http://usir.salford.ac.uk/26800/.
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In 1996 the Law Commission published Report No.237 "Criminal Law: Involuntary Manslaughter - A Consultation Paper ". In that document they set out their proposals for a radical new offence of "corporate killing". Seven years later and the Government is still no closer to enacting a statutory offence of corporate manslaughter than it was then despite the current Labour Government making promises to this effect in its 1997 election manifesto. Since the Law Commission Report was published we have seen Great Western Trains prosecuted unsuccessfully for the Southall train crash in 1997. We have also heard recently that Network Rail and Balfour Beatty will be prosecuted following deaths caused by a train derailment in October 2000. Yet this prosecution also seems doomed to failure so long as the common law maintains the "doctrine of identification" as the basis of liability for corporate manslaughter. Throughout the course of this thesis we will be examining the law governing corporate manslaughter in England and Wales. We will examine the way that the doctrine of identification has evolved in the context of the historical development of corporate criminal liability. We will also witness the way in which the doctrine of identification has been utilized by the courts in corporate manslaughter prosecutions and the problems this causes. Having concluded that the current common law position is unsatisfactory we will proceed to examine alternative approaches to the liability problem. This includes a treatment of sections 2 and 3 of the Health and Safety at Work etc. Act, 1974, and the legal position in other jurisdictions. Before drawing some conclusions on this matter we will also look at the interesting problem of corporate punishment.
8
Kemp, Gerhard. "Individual criminal liability for the international crime of aggression." Thesis, Stellenbosch : University of Stellenbosch, 2008. http://hdl.handle.net/10019.1/1494.
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Thesis (LLD (Public Law))—University of Stellenbosch, 2008.Aggression is regarded as one of the core crimes under customary international law, but the definition of aggression is still contentious. At present there is no international instrument that provides for effective individual criminal liability for the crime of aggression. The Rome Statute of the International Criminal Court (ICC) provides for the inclusion of the crime of aggression within the court’s jurisdiction, but the Statute needs to be amended to include a definition of aggression and conditions for the exercise of jurisdiction by the ICC. This dissertation seeks to identify the elements of the international crime of aggression, for purposes of individual criminal liability. It is submitted that the creation of the ICC provides the international community with an historic opportunity to establish effective jurisdiction over the crime of aggression.
9
Chanjan, Documet Rafael Hernando. "Criminal liability of the middle managers and corporate crimes." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117163.
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Corporate crimes have become a highly widespread phenomenon in modern industrialized societies. The aim of this paper is to offer criteria and elements to evaluate criminal liability of middle managers of a highly hierarchical company for criminal acts committed by employees, which have been adopted and conceived by top managers of the company. To this end, different theories that have arised from the criminal doctrine to penalize managers of a complex organization will be analyzed, as truemediate authorship, co-authorship, induction and authorship in the omission. The research is justified to the extent that, criminal doctrine and jurisprudence, haven’t analyzed this issue deeply and, in the few opinions that about it exist, there are discrepancies about it possible solution.La criminalidad de empresa constituye un fenómeno altamente extendido en las sociedades industrializadas modernas. El presente trabajo busca brindar criterios y elementos para evaluar la responsabilidad penal de los mandos medios de una empresa altamente jerarquizada por hechos delictivos que cometen los subordinados y que han sido adoptados y concebidos por los altos directivos de la empresa. Para ello, se analizarán las diversas teorías que se han planteado en la doctrina penal para responsabilizar a los superiores jerárquicos de una organización compleja, tales como la autoría mediata, la coautoría, la inducción y la autoría directa por omisión. La investigación se justifica en la medida en que, en la doctrina y jurisprudencia penal, esta problemática no se ha analizado a profundidad y, de las pocas opiniones que hay al respecto, existen discrepancias sobre su posible solución.
10
Al-Hammadi, Abdulla Mal Allah Abdulrahman. "Medicine, medical liability, and doctors' criminal liability and punishments in Islamic Shari'a and the UAE." Thesis, University of Exeter, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413293.
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Singh, Rajeshree. "Criminal liability for wilful HIV/AIDS infection: a comparative study." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012686.
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South Africa‘s high prevalence of HIV/AIDS coupled with a high crime rate and incidence of sexual violence necessitated the enquiry and study into the role of criminal law to address the wilful transmission of HIV.1 This study shows that criminal law can be used to punish offenders for wrongdoing and therefore finds application in the wilful transmission of HIV.2 The study distinguishes the dividing line between the justifiable use of criminal law and where use of the criminal law becomes discriminatory in nature and counterproductive to public health measures. The United Nations (hereinafter referred to as the UN) laid down guiding principles for countries to adopt when using the criminal law and stated that countries should use existing criminal law offences to prosecute intentional HIV infections.3 The South African Law Commission (hereinafter referred to as the SALC) endorses this approach. South Africa‘s use of the criminal law, in response to harmful HIV behaviour is in line with the UN recommendations as it uses the existing common law offences to prosecute the wilful transmission of HIV, namely murder, attempted murder and assault. Drawing from the writer‘s comparative study in Chapter Six below, South Africa, members of the Zimbabwean parliament, Canada, as well as the American Bar Association have all concluded that the use of specific HIV-related legislation creates some a form of stigmatization towards people living with HIV and is therefore not warranted. This study shows that criminal law has a role to play in the wilful transmission of HIV; however the creation of HIV specific legislation is not recommended and existing criminal law offences should be used to address harmful HIV related behaviour. Such an approach is in line with the guiding principles laid down by the UN and SALC.
12
Funk, Antje Elisabeth Margarete. "Criminal liability of Internet providers in Germany and other jurisdictions." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/70134.
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Thesis (LLM)--Stellenbosch University, 2004ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global communication and the accompanying legal problems. This is followed by an examination of the different functions Internet providers have. A survey of some of the important crimes affecting the Internet and also some Internet-specific offences put the more general issue of liability in a more specific context. Traditional and new forms of crimes are discussed. This section is followed by an analysis of Internet provider liability under German criminal law and Germany's Teleservices Act. From an international criminal law perspective some international instruments, like the Cybercrime Convention of the Council of Europe, is discussed. National legislation, especially in the context of the European Union, must always be put in the proper regional and international context. The thesis concludes with some thoughts on alternative, or perhaps complementary, methods to fight illegal and criminal conduct on the Internet. This is done not as a critique of the responses to Internet crime, but rather to strengthen the many hands trying to reduce Internet crime.
AFRIKAANSE OPSOMMING: Hierdie tesis handeloor die strafregtelike aanspreekliheid van Internet diensverskaffers. Die fokus val op Duitsland, maar die analise word ook geplaas in 'n wyer, vergelykende konteks. Dit word gedoen met verwysing na Suid-Afrika, sowel as Europa en die VSA. Die tesis demonstreer en bespreek die bestaande regsnorme wat Internet diensverskaffers reguleer met spesifieke verwysing na aanspreeklikheid vir onwettige inhoud op die Internet en internasionale pogings om hierdie probleem aan te spreek. Ter inleiding word daar aangetoon hoe die Internet aanleiding gee tot nuwe vorme van globale kommunikasie en die regsprobleme wat dit tot gevolg het. Dit word gevolg deur 'n ondersoek na die verskillende funksies van Internet verskaffers. 'n Ontleding en bespreking van Internet-spesifieke misdrywe plaas die meer algemene vraagstuk in 'n meer gefokusde konteks. Tradisionele en nuwe vorme van misdaad word bespreek. Hierdie afdeling word gevolg deur 'n ontleding van Internet diensverskaffer aanspreeklikheid ingevolge Duitse reg en die Duitse wetgewing op die terrein van telediens. Uit 'n internasionale strafreg oogpunt word sekere internasionale instrumente, soos die Cybercrime Convention van die Raad van Europa, bespreek. Nasionale wetgewing, veral in die konteks van die Europese Unie, word ook in die relevante regionale en internasionale konteks geplaas. Die tesis word afgesluit met sekere gedagtes oor alternatiewe, of moontlik komplimentêre, metodes in die stryd teen Internet-kriminaliteit. Dit moet nie gesien word as kritiek op die huidige stand van sake nie, maar eerder as 'n poging om die talle rolspelers in die stryd teen Internet misdaad se hande te sterk.
13
Huber, Hans-Peter. "Recent Legal Developments to Enhance Corporate Liability for Criminal Wrongdoing." Universität Leipzig, 2020. https://ul.qucosa.de/id/qucosa%3A70816.
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Due to the coalition agreement of CDU/CSU and SPD the German Government shall
implement a new act on corporate criminal liability before the end of the current election
period. After an informal draft from the ministry in lead, the BMJV, was leaked to the
public this issue is frequently discussed in the media. The author tries to give an overview
on the main items of the draft law, the major concerns against it and the mediating draft
of the Munich Concept.
14
Lord, Sofia. "Joint criminal enterprise and the international criminal court : a comparison between joint criminal enterprise and the modes of liability in joint commission in crime under the Rome Statute; can the International Criminal Court apply joint criminal enterprise as a mode of liability?" Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-95847.
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Chung, Wai-sau Dicky. "Attitudes to insanity and crime." Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B2062198X.
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Milinis, Albertas. "Criminal Liability for Murder without Circumstances Aggravating and Mitigating (Part 1 Art. 129 of the Criminal Code)." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090507_135323-23627.
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Subject of the dissertation research – analysis of the body of murder without circumstances aggravating and mitigating its gravity provided for in Part 1 Art. 129 of the Criminal Code of the Republic of Lithuania as well as analysis of theoretical and practical problems that arise upon qualifying these criminal acts. The goal of this research is to reveal a concept of murder without circumstances aggravating and mitigating its gravity where punishment is imposed in accordance with Part 1 Art. 129 of the CC of the Republic of Lithuania, to analyse attributes of this criminal act, to raise theoretical and practical problems of qualification of the analysed criminal act and to make proposals for solution of these problems.Disertacijos tyrimo dalykas – nužudymo be jo pavojingumą didinančių ir mažinančių aplinkybių, numatyto Lietuvos Respublikos baudžiamojo kodekso (toliau tekste – LR BK) 129 str. 1 d., sudėties analizė bei teorinių ir praktinių problemų, kylančių kvalifikuojant šias nusikalstamas veikas, tyrimas. Disertacijos tyrimo tikslas – atskleisti nužudymo be jo pavojingumą didinančių ar mažinančių aplinkybių, už kurį kyla baudžiamoji atsakomybė pagal LR BK 129 straipsnio 1 dalį, sampratą, išanalizuoti šios nusikalstamos veikos požymius, iškelti nagrinėjamos nusikalstamos veikos teorines ir praktines kvalifikavimo problemas bei pateikti pasiūlymus šių problemų sprendimui.
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Valoteau, Aude. "La théorie des vices du consentement et le droit pénal /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, PUAM, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/520818334.pdf.
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Almansoori, Khalid K. A. "Accessorial liability as part of the doctrine of criminal complicity in English and United Arab Emirates criminal law." Thesis, University of Edinburgh, 2001. http://hdl.handle.net/1842/22211.
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Accessorial liability is part of the doctrine of criminal complicity which provides a set of general legal rules that govern partnership in crime. This well-established type of criminal liability, which is considered to be one of the more important features of criminal law, focuses on the liability of secondary parties who either encourage, help or conspire with a principal who brings about the conduct element of a crime. Accessorial liability, which in this regard, is derivative in nature, requires the principal to commit or at least attempts to commit the crime. It is also subsidiary or ancillary in nature, and thus is often assumed to be less serious than the liability of the principal. One might think that the concept of accessorial liability is stable; in fact it is not. The discussion of the general concept of accessorial liability is useful not only in resolving problems that arise in individual cases but also in terms of clarifying how can legislation, concerning crimes such as money-laundering or drug trafficking, might deal with the problem of multiple offenders. In this thesis we shall examine accessorial liability from the general viewpoint without connecting it to a particular crime in both English and UAE criminal law. The thesis is divided into five chapters. The first examines the required conduct element. The second discusses the ambit of causation and omission in accessorial liability. The third chapter examines the general requirements of criminal mens rea; the mens rea requirements for accessorial liability and other related and important issues to elaborate the circumstances that make a person a secondary party. These include: the debate as to intention against knowledge or recklessness, the issue of knowledge of the principal offender's future crime, and the problem of interpreting the Federal Penal Code of the UAE (F.P.C.). Finally, a view is developed as to what approach the law should follow in this area. Chapter four discusses accessorial liability for an additional crime committed by the principal (the doctrine of common purpose), while chapter five examines certain important issues related to accessorial liability such as the liability of the principal offender, the derivative theory, the English Law Commission Paper No. 131 on the new offence of assisting and encouraging crimes, and the doctrine of innocent agency. Final comments are concerned with examining selected defences available to accessories.
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Gohn, Rodney L. ""COLD CASE" INVESTIGATIONS WITHIN FAIRFAX COUNTY: TURNING THE LIABILITY OF TIME INTO AN ASSET." VCU Scholars Compass, 1995. http://scholarscompass.vcu.edu/etd/4625.
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No department or individual involved in the investigation of homicides is ever going to have a 100% closure rate. Therefore, many departments will be faced with a situation where another homicide happens before they are finished handling the previous one.
How does one manage these open cases; how often are they reviewed; and who is responsible once the assigned detective is either transferred or leaves the unit or department? Someone has to be able to answer questions from the family, media and anyone else who might inquire about the case.
Based on the number of unsolved homicide cases within Fairfax County, the concept of a “Cold Case Squad” was explored. During January 1995, the Fairfax County Police Department implemented a Cold Case Squad consisting of one supervisor, three veteran detectives, two auxiliary police officers and one cadet. The Cold Case detectives inherited approximately 75 unsolved homicides which occurred in Fairfax County, Virginia, from 1964 through December 31, 1994. More than half of the unsolved homicides (42) have occurred in the past nine years.
The hypothesis for this thesis was: The formulation of a Cold Case Squad would measurably reduce the number of unresolved homicides within Fairfax County. The primary evaluation factor for the thesis was the Cold Case Squad’s “close-ability” rate.
The thesis identified and evaluated nine solvability factors utilized by the Cold Case Squad Supervisor. The solvability factors are considered when prioritizing case investigation, assigning personnel to an investigation and suspending investigate efforts. One of the goals for utilizing solvability factors is to develop a clear profile of cases with the most potential for close-ability.
The study population for this thesis is the 42 unsolved homicides which have occurred in Fairfax County, Virginia, between January 1, 1986, and December 31, 1994. Solvability factor work sheets were completed and computated for the study population.
The hypothesis has been proven as there is a measurable reduction in the number of unsolved homicides. From the study population, two cases have been closed by arrest, one case closed by exceptional means and one case is pending approval from the Commonwealth Attorney’s Office to obtain arrest warrants. These four cases represent a 9.5% reduction of unsolved cases within the study population.
A copy of this thesis was given to the Cold Case Squad Supervisor for review and application. It is hoped the research from this thesis will be applied to the Cold Case Squad so it will become more effective and continue to turn the liability of time into an asset.
20
Webb, Kernaghan. "Regulatory offences, the quest for a non-criminal approach to penal liability." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0016/NQ46622.pdf.
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Fernández, Díaz Carmen Rocío, and Documet Rafael Hernando Chanjan. "Criminal liability of legal persons: a comparative study between Spain and Peru." Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/115494.
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This paper studies the criminal liability of legal persons, which has suffered a deep reform with the organic law 1/2015, after being introduced in Spain in 2010. This reform has brought important modifications and news, as the creation of an exemption of liability through the adoption of compliance programs, which supposes a change in the so called model of transfer of liability, that existed before. Parallel to this transformation in the Spanish criminal code, in Peru recently the law 30424 has come into forth, which contents a corporate liability model, very similar to the one foreseen in Spain. Both models of liability and the possibility of its exemption raise doubts about if they really tried to penalize legal persons or not.El presente trabajo estudia la responsabilidad penal de las personas jurídicas en España, la cual, después de haberse introducido en el año 2010, ha sufrido una reforma de hondo calado con la ley orgánica 1/2015. Esta ha conllevado importantes modificaciones y novedades, como la creación de una eximente de responsabilidad mediante la adopción de programas de cumplimiento, que ha supuesto un cambio en el antes existente modelo de transferencia de responsabilidad. Paralelamente a esta transformación que ha tenido lugar en el Código Penal español, en el Perú recientemente se ha aprobado la ley 30424, que crea un modelo de responsabilidad para las personas jurídicas muy similar al previsto en España. Ambos modelos de responsabilidad y la posibilidad de su exención plantean la duda de si realmente se pretende responsabilizar penalmente a las personas jurídicas o no.
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De, Smet Karel, and Elke Janssens. "Criminal liability of legal entities under Belgian law: A high-level overview." Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36367.
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The principle that legal entities can be held criminally liable was first introduced into
Belgian law in 1999. Some 20 years later, Belgian Parliament reviewed the rules, and
adopted a number of significant changes. The present article offers a high-level overview of
the currently applicable legal regime.
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Luef-Kölbl, Heidelinde. "Experiences with the Austrian Act on Corporate Criminal Liability (“Verbandsverantwortlichkeitsgesetz” or “VBVG”)." Universität Leipzig, 2020. https://ul.qucosa.de/id/qucosa%3A70824.
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The Austrian Act on Corporate Criminal Liability (VbVG) entered force on 1 January
2006 and has now been in effect fourteen years. The following article will evaluate the
VbVG’s frequency of application in practice and critically examine the dominance of procedural
termination (rather than prosecution) at the discretion of the district attorney’s
office.
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Mays, Richard. "Corporate criminal liability and Scots law : the lessons of Anglo-American jurisprudence." Thesis, University of Edinburgh, 1998. http://hdl.handle.net/1842/22463.
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My thesis is a relatively straight forward one. It is that the jurisprudence on the topic of corporate criminal liability is underdeveloped in Scotland and that there are many lessons to be learnt from the common law jurisdictions in the promulgation of any future comprehensive legal framework adopted in Scotland. Drawing from literature from the Anglo-American systems, I have sought to offer a comprehensive treatment of the subject and how it might be applied in a Scottish context. At the same time, I have analysed all the available jurisprudence both in Scotland and elsewhere in an effort to identify all the relevant issues which require to be addressed in developing a new Scottish framework. The study attempt to be one of black letter law, but is a much wider treatment of the subject encompassing jurisprudential, criminological, phenological, philosophical and organisational issues. Corporate crime, as the student all too readily becomes aware, is a complex subject. It is not just about corporations and criminal law. A deeper understanding of other issues is required to appreciate the intricacies and complexities of a subject which is attracting ever increasing attention. It is my hope that this thesis is testimony both to the breadth of the subject and my efforts to master it. Indeed my opening chapter attempts to tease out the diffuse preliminary issues which one confronts in addressing the subject. They are often issues which sit ill at ease with each other and in some respects the chapter is not the most fluid one ever written. Such is the breadth of the subject it is difficult to know where to start. Does one start with the components of the subject - corporations or criminal law or does one explain the nature of the subject of corporate crime ? I for my part have attempted to bring together what I believe are crucial preliminaries. Chapter 2 is altogether more unitary seeking to analyse the basis of attribution of criminal liability to the corporation. The movement from atomistic conceptions of liability to a holistic basis is discussed and indeed supported. In chapter 3 I seek to cover one of the major controversies of corporate criminal liability - the dichotomy of individualism versus collectivism.
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Alnaami, Khalid. "Criminal medical liability in Islamic law (Sharia) (with some applications in Saudi Arabia)." Thesis, University of Wales Trinity Saint David, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683018.
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Nana, Constantine Ntsanyu. "Corporate criminal liability in the United Kingdom : determining the appropriate mechanism of imputation." Thesis, Robert Gordon University, 2009. http://hdl.handle.net/10059/466.
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The objectives of this thesis are twofold: firstly, demonstrate that the string of contradictions stretching across substantive and procedural corporate criminal law may be avoided if courts refer to an appropriate mechanism of imputation; and secondly, show how such an appropriate mechanism of imputation may be determined. This study adopts a three-step process to achieve these objectives. The first step involves elaborating on the lack of coherence and integrity in the imputation of acts and intents (or causal relationships) to corporations caused by a disjunction of rules invoked by courts. The second step involves establishing parameters by which mechanisms of imputation may be evaluated. The third step involves evaluating a number of samples by reference to the established parameters. Five mechanisms of imputation applicable in the United Kingdom and in some jurisdictions that trace their legal heritage to the United Kingdom are evaluated. In the conclusion, it is submitted that although none of the mechanisms evaluated may be deemed to be the appropriate mechanism, the aggregation doctrine is the least inappropriate. This is because although it requires some modification, it can best be aligned with propositions of how the criminal liability of corporations may be established on a coherent and consistent basis. The propositions that are put forward include the use of the doctrine of innocent agency to establish a corporation’s guilt in instances where no guilty agent may be identified; and the use of the principle of accessorial liability to establish a corporation’s guilt in instances where a guilty agent may be identified. The aggregation doctrine as modified in this study will enable the prosecutor to establish a corporation’s guilt as advised above if measurable values are given to the ‘innocent’ acts of agents and if emphasis is placed on how the corporation reacted to the discursive dilemma that arose in the decision-making process that preceded the performance of the relevant activity. This will provide evidence to the effect that the aggregated act represents the corporation’s subjective position.
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DeStefano, Michele, and Hendrik Schneider. "Compliance Elliance Journal: Trend Towards a New Punitivity?: Corporate Criminal Liability in Focus." Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36265.
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Mousourakis, George. "Shifting grounds of criminal liability : justification and excuse in the theory of provocation." Thesis, University of Edinburgh, 1991. http://hdl.handle.net/1842/20038.
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This thesis examines the fundamental distinction between justification and excuse in the theory of criminal law as it figures in relation to the partial defence of provocation. It is argued that, by contrast with German and other Continental criminal law systems, the distinction between justification and excuse has not been given enough weight in the development of Anglo-American criminal law. Although much attention has been paid to principles of legislation and problems of procedural justice and punishment, substantive issues concerning the grounds of criminal responsibility - such as those of justification and excuse - remained largely untouched. In recent years, however, there has been a revival of interest in justification and excuse in Anglo-American criminal jurisprudence. The governing task of the present work is to explore the implications of this approach in depth, arguing that the defence of provocation provides a particularly interesting site because of its potential interpretation as either justification- or excuse-based. The analysis focuses, in particular, on the defence of provocation as it operates in English law, although it includes references to other legal systems. The distinction between justification and excuse is crucial in tracking down the rationale of various pleas aimed at debarring or curtailing criminal liability. In this respect, claims of justification dispute the unlawful character of an act which nominally violates the law. Claims of excuse do not challenge the unlawfulness of the act - rather, they presuppose an unlawful act - but call in question the blameworthiness of the actor for having committed the wrongful act. Nevertheless, attempts at a clear-cut classification of criminal defences as excuses or justifications run up against serious difficulties. These difficulties have much to do with the fact that elements of both justification and excuse often appear to intersect in the same criminal defence, something particularly noticeable in the defence of provocation. Provocation, when pleaded as a partial defence to murder in English law, does not lead to complete acquittal but to the reduction of the crime to the lower criminal category of voluntary manslaughter. Besides its position as a partial defence to murder, provocation may also be pleaded as a factor in the mitigation of sentence as regards criminal offences other than murder. Conceptually the defence rests on two interrelated elements, namely, the wrongful act of provocation and the loss of self-control. On the assumption that the former element pertains to justification whereas the latter to excuse, the rationale of the defence seems difficult to locate. Following a delineation of the doctrine of provocation in English law, the thesis explores the way provocation can be conceptualised as a partial justification or as a partial excuse and examines the implications of either approach in a number of related issues. These issues include the 'reasonable man' test, the rule of proportionality, provocation and mistake of fact, the distinction between murder and voluntary manslaughter, the relation between provocation and excessive self-defence, cumulative provocation. Although these issues are examined in the doctrinal context of provocation, the arguments put forward in the thesis outline the contours of a general theory of criminal responsibility.
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Muftah, Mustafa Ramadan. "Corporate criminal liability : an analytical study of the application of the criminal law to companies and to their directing management." Thesis, University of Aberdeen, 1998. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU603189.
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The aim of this thesis is to analyse the concept of corporate criminal liability in Britain and elsewhere when comparison is needed. The concept of holding a corporation criminally liable is not new, it has been known for a long time, but the development in the last century and especially in the last quarter of this century is the main reason to turn and focus the public's attention towards blaming corporations for a quite wide range of society's ills. As a result of decisions by corporate executives or managers, and because corporation's negligence and pursuit of profits at any cost, may cause harm and inflicted risks on workers, consumers and the general public. It can be shown that many accidents indicate willful violations of health, safety and environmental regulations. Despite the fact that violations may cause serious harm to the entire communities (eg cases of toxic chemical dumps, and radioactive water leaking from improperly maintained nuclear reactors), nonetheless prosecution of corporation is not always successful. Moreover, while corporations are accused of polluting the environment, and are blamed for destroying the economic structure of a community, at the same time they may be praised for community service projects, and be credited with providing jobs. The concept of the separate legal personality of corporations has posed many questions when dealing with corporations or their executives and managers. Even with the development of the criminal law regarding the concept of crime and the various attempts to bring corporations under the umbrella of criminal law the problem have not fully resolved. Practical problems occur when considering whether corporations are capable of acting themselves. This thesis is an attempt to follow the development of corporate criminal liability, discuss the present state of the law and ask what is the best view which should be taken to achieve the goal of criminal law to control all kinds of behaviour that are appropriate to be controlled by the criminal law whether of individuals or corporations and other forms of organizations. The views of those who argue that companies cannot be subjected to criminal punishment because they do not have the requisite mens rea to commit crimes, and because of the difficulty of imposing certain penalties such as imprisonment or the death penalty on corporations, are incorrect. Changes in public attitudes towards wrongful conduct by corporations and their increasing role in every aspect of daily life, bringing with it increasing number of accidents and disasters has led to a corpus of literature which is prepared to attribute blame to corporations for their misbehaviour.
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Nel, Pieter Willem. "Toerekeningsvatbaarheid in die Suid-Afrikaanse Strafreg (Afrikaans)." Diss., Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-06232008-121535/.
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Mupanga, Godfrey. "The work of the international criminal court in Africa and challenges for the future of international criminal justice." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2645.
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Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.
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Žylė, Osvaldas. "Baudžiamoji atsakomybė už vagystę." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2010~D_20140625_182320-93399.
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Vienas iš dažniausiai padaromų nusikaltimų ne tik Lietuvoje, bet ir kitose pasaulio valstybėse – vagystė. Mūsų valstybė šio nusikaltimo kontrolei ir prevencijai skiria nemažą dėmesį, dažnai tobulina ir keičia teisės normas, numatančias baudžiamąją atsakomybę už vagystę. Šios normos ne visada būna tinkamai inkorporuotos į visą Lietuvos Respublikos baudžiamojo kodekso normų sistemą, ir tai sąlygoja praktinio taikymo sunkumus, problemas atribojant panašias nusikalstamas veikas nuosavybei bei nevienodą teismų praktiką tokiose bylose, todėl ši tema aktuali tiek teoriniu, tiek praktiniu aspektu. Šio darbo tikslas buvo atskleisti vagystės kaip socialinio reiškinio esmę ir išnagrinėti baudžiamosios atsakomybės už ją reglamentavimo problemas Lietuvos Respublikos baudžiamajame įstatyme. Šiam darbui buvo iškelti šie uždaviniai: panagrinėti baudžiamosios atsakomybės už vagystę sampratos bei ją numatančių įstatymų raidą Lietuvos Respublikoje ir pasaulyje; atskleisti vagystės sudėtį ir pagrindinius jos požymius Lietuvos Respublikoje bei užsienio šalių baudžiamuosiuose įstatymuose; išanalizuoti ir atskleisti vagystę kvalifikuojančius bei itin kvalifikuojančius požymius Lietuvos Respublikos baudžiamajame kodekse; aptarti bausmės už vagystę pagrindinius aspektus bei problematiką Lietuvos Respublikoje; atskleisti vagystės ir kitų nusikalstamų veikų nuosavybei skirtumus bei dažniausiai pasitaikančias praktikos problemas, taikant šias veikas reglamentuojančius įstatymus. Rašant šį darbą buvo... [toliau žr. visą tekstą]Theft is one of the most frequently committed crimes not only in Lithuania, but also in other countries all over the world. Lithuanian legislator pays quite much attention for the prevention and control of this crime, regularly improves and amends the laws, prividing a criminal liability for theft. These legal regulations are not always properly incorporated into the entire system of regulations of the Lithuanian Criminal Code, which leads to difficulties of their practical application, problems disassociating similar criminal acts to property from different judicial proceedings in such cases. That makes this topic relevant for both – theoretical and practical aspects. The objective of this work was to reveal the conception of theft as a social phenomenon and to explore the problems of regulation of criminal liability for theft in the Lithuanian Criminal Code. The main tasks set for this work were the following: to perform the research of development of the conception of penal liability for theft and the laws regulating it in the Respublic of Lithuania and other countries; to reveal the composition of theft, and to compare the similarities and differences of theft composition between criminal laws of the Respublic of Lithuania and foreign countries; to analyse and compare the aggravating features of theft between criminal laws of the Respublic of Lithuania and foreign countries; to discuss the main aspects and problems of sentences for theft in Lithuanian Republic, to reveal... [to full text]
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Hui, Irene. "The role of culture in insanity defense verdicts: do Chinese have a different conceptualization and render different verdicts in the insanity defense cases? /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2085.
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Sedighi, Sara. "Child combatants in armed groups : balancing criminal liability with the rights of the child." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-121379.
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Bergström, Michael. "Corporate criminal liability and negotiated settlements as new means to fight corruption in Sweden." Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-109220.
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Leigh, Gavin David. "Moral responsibility and criminal liability for unforeseen death : reconstructing unlawful and dangerous act manslaughter." Thesis, Kingston University, 2016. http://eprints.kingston.ac.uk/37877/.
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The crime of manslaughter, in England and Wales, arguably includes two ways by which it may be proved, those circumstances which extenuate the crime of murder notwithstanding. One of these sub-species is sometimes referred to as unlawful and dangerous act manslaughter. "UDA" manslaughter has been the subject of criticism for at least 175 years. In recent decades this criticism for at least 175 years. in recent decades this criticism has taken the form of a philosophical argument, centring on the concept of moral luck, which has remained unresolved. Reform proposals over the same period have been contradictory. This thesis investigates the criticism by means of normative and juridico-historical inquiries, which assess the moral and historical authority for UDA manslaughter. A normative inquiry reaches the conclusion that moral responsibility for unforeseen death may be justified by the relationship between luck and "pursuit", but that criminal liability requires the capacity to foresee and the opportunity to avoid death. The juridico-historical inquiry determines that intended bodily harm (less than serious harm) was a separate sub-species of manslaughter, but that a wider sub-species, involving any advertent crime and the foreseeable risk of some harm, may be justifies by the concept of "heedlessness", if death is a foreseeable consequence of the circumstances in which the crime is committed.
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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 important legal assets for society. The aim is to analyze Criminal Compliance to get the corporationto manage its activities under current legislation, especially Criminal Law.In this regard, it enlarges the sectoral developments based on the Peruvian Government’s implementation of the the Compliance Program in the legal framework.Finally, it analyzes the impact of Criminal Compliance in the criminal legal framework. For that end, it refers to the criminal liability system in Peru and in what way it impacts on the application of Criminal Compliance.El trabajo propone, en primer lugar, un estudio del origen, los elementos y la aplicación del Compliance Program o, también llamado, Programa de Cumplimiento Normativo, entendido como un dispositivo interno que las empresas implementan para cumplir con la normatividad vigente, así como para prevenir y detectar las infracciones legales que se produzcan dentro de las mismas o como parte de las actividades que estas realizan. Asimismo, se intenta explicar y desarrollar la relación entre los nuevos riesgos, debido al desarrollo económico y tecnológico, y el derecho penal como ente protector de bienes jurídicos de importancia para la sociedad. Esto último tiene como finalidad analizar el Criminal Compliance, destinado a que la empresa ordene su actividad conforme a la normativa aplicable, en especial la ley penal. En tal sentido, se desarrolla la aplicación que el Estado peruano ha realizado del referido Programa de Cumplimiento Normativo en el ordenamiento jurídico, en concreto los avances sectoriales. Finalmente, se analiza el impacto del Criminal Compliance en el ordenamiento jurídico penal. Para ello, se hace una referencia al sistema de responsabilidad penal adoptado en el Perú y de qué manera esto impacta en la aplicación del Criminal Compliance.
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Lyons, John Patrick. "A comparative study of imputability in selected portions of canons 1321-1324 of the Code of canon law and the criminal laws of the state of Arizona." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.
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Grabovskiy, G., and Y. Hlomb. "Criminal Liability for Misleading a Court in Civil Proceedings: the Issue of Prosecution of Foreigners." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/51083.
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Ukraine is in the process of reforming its legislation to build an effective justice system. Only one activity of the court is not able to ensure the high quality of justice in the conditions of the dishonesty of other participants in the trial. Besides, at the present stage, in terms of simplified conditions for the movement of persons between states are growing, the number of cases that are considered with the participation of a foreign element, the prosecution of which has its own characteristics. Consequently, the reforms of the legislative level have to take into account such features. At the same time, the improvement of legislation requires the creation of effective mechanisms for its implementation. An important guarantee of ensuring the quality of judicial proceedings is the reliability of the information provided by participants in civil proceedings during the consideration of a civil case. The guarantee of which is the possibility of applying criminal liability under Article 384 of the Criminal Code of Ukraine, for misleading into the court, including to a foreigner or a stateless person. In the implementation of this type of liability provisions, several objectively determined general problems need to be solved in practice
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Saraiva, Leao Astrid. "Corporate Criminal Liability for Human Trafficking in the EU : a Legal Obligation for Member States?" Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-273951.
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Hsu, Yi-Ming, and 許義明. "Human Experiment and Criminal Liability." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/27037758890096360133.
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碩士東吳大學
法律學系
93
This thesis “Human Experiment and Criminal Liability” try to clarify the definition of human experiment and discuss the difference between human experiment (research) and medical practice. As Criminal Liability is concerned, the reason why medical practice and human experiment are not guilty is discussed based on the traditional three-staged theory of criminal evaluation. For a thorough understanding of human experiment from the criminal standpoint, the followings are discussed in the contents: 1. The definition of human experiment. 2. The international ethical principles and guidelines that should assist in resolving the ethical issues inherent in the conduct of research with human participants. 3. The line between medical practice and criminal behavior from the viewpoint of criminal law. 4. The difference between human experiment and medical practice and the line between human experiment and criminal behavior from the viewpoint of criminal law. 5. The criminal and the other guidelines on human experiment in Taiwan.
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Wang, Chih-Chia, and 王志嘉. "assisted dying and criminal liability." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/20359257497879242083.
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碩士東吳大學
法律學系
94
This article discusses the issues of euthanasia and natural death, the situations in the Netherlands, USA, Australia, and Japan, and the criminal liability and related attitude in Taiwan. To avoid the confusion and misunderstanding, the term of assisted dying is adopted instead of the terms of euthanasia and natural death. Within the definition, there are several classifications used to describe different forms of assisted dying, namely active, indirect, passive, and persistent vegetative state（PVS）assisted dying. According to the definition and classifications, the Netherlands is the only country which permits active assisted dying, otherwise, the USA is the main country which allows passive assisted dying, withholding and withdrawing life sustaining – treatment. The Northern Territory of Australia is the first place in the world to pass laws about active assisted dying, and Japan is the legalized country of active assisted dying by judicial judgment. Based on the criminal liability in Taiwan, passive and indirect assisted dying are legal, but active and PVS assisted dying are illegal. Besides, the Human Organ Transplant Act and Hospice – Palliative Care Act（Natural Death Act）are the most important medical treatment – specialized laws about passive assisted dying. Under these two laws, there are three legalized types of assisted dying, including withholding life sustaining treatment of the terminal patient by the consent of the patient or family, withdrawing life sustaining treatment of the terminal patient by the consent of the patient himself, and withdrawing life sustaining treatment of the brainstem death patient by the consent of the patient or family. Although the Hospice – Palliative Care Act has been implemented for over six years, there are still several debates, such as the denomination and definition of the law, the concept of the terminal patient and medical futility, the validity of statutory surrogate, the priority between the durable power attorney and statutory surrogate, and the controversy of withholding and withdrawing life sustaining–treatment. Therefore, some discussions and recommendations in this article are alleged for the reference of law revision in the future. In conclusion, we hope everyone feels peaceful and respected when their lives come to the end.
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Liao, Ya Yu, and 廖雅郁. "Criminal Liability of Off-Label Use." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/60794345404443510532.
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碩士國立政治大學
法學院碩士在職專班
104
After marketing approval, the labels of on drug packages should outline the indications for use, dosage, administrative directions, and safety information. The use of drug could expand over time. Off-label use, which means prescribing an approved drug for a use that is not claimed in the product information, is common in medical practice, especially for some serious or rare diseases. Since there is no regulation for off-label use , a number of clinical , legal and ethical issues arise. According to Taiwan Drug Relief Foundation for Drug Hazards’ statistics regarding the rejected reasons by foundation from 1030 application cases 1999 to 2015. The 2nd reason for unapproved cases is off-label use which is around 23% of total unapproved cases. This shows current criteria for drug relief is quite not fit in real world practice. Medicine is intended to save patients’ lives and to help patients reach renewed health. During the process of treatment, the risk versus benefit profile beyond the original product approval should first be taken into consideration. In Taiwan, the department of health provides an guidance regarding off-label use, ex: The necessity of informed consent before prescribing off-label products. Do physicians need to follow the duty of informed consent whiling prescribing a drug which is off-label use? There should be a guidance to follow in this regard. This study has established the principles and flow chart of off-label use. We suggest that some amendments to the laws are necessary, including setting up the scope of the duty of disclosure.
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SHIH, BO-REN, and 施柏任. "Research on Criminal Liability of Copyright." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/w7zf9e.
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碩士國立雲林科技大學
科技法律研究所
105
With the development of cyberspace technology and the change of trading mode, Copyright law is facing the challenge of digitalization. For the revolutionary development of science and technology, While the social norm of file sharing is in chaos, copyright owners sought numerous ways to deter copyright infringement. From the amendment of Copyright Law in Taiwan in recent years, The protection of copyright law in Taiwan has gone beyond the requirements of TRIPs to the extent that WIPO has developed WCT and WPPT, and most of the reference to the US legislative model to regulate the use of the cyberspace, we can know that although Taiwan is lack of industrial interests for copyright protection, but based on the dependence on the US export market. So the amendment of Copyright Law continued to be under the pressure from the US . In order to analyze the way of domestic and foreign literature to understand the international trend of legislation, and through the program requirements and entity requirements in criminal liability of copyright, to observed the infringement of the technology and the cyberspace in current trends. And then compare the criminal liability in draft amendments to the copyright, and in order to join the draft amendments to the TPP, Then explore the controversial part and use the statistical method to calculate the type of case, to examine the current practice of copyright criminal cases and the trend of the operation to point out the drawbacks as well as there is still scope for discussion.
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Hsu, Po-Jan, and 許博然. "Criminal Liability on Copyright in Cyberspace." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/96608810696164166170.
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碩士國立交通大學
科技法律研究所
96
With the emergence of broadband internet and file-sharing technology, the record industry is facing the biggest challenge in the history of copyright. P2P software such as KaZaa, Grokster, and BitTorrent provides internet users free access to copyrighted works on a massive scale. While the social norm of file sharing is in chaos, copyright owners sought numerous ways to deter copyright infringement. In the U.S., through lobbying the Congress, the No Electronic Theft Act and the Digital Millennium Copyright Act became the record industry’s solution to the problem. In 2003, RIAA began waves of lawsuits against individuals sharing files on the internet. This move not only attracted public attention, but also spurred intensive debates over the issue of overcriminalization. Scholars argue that the copyright law has gone too far, tipping the constitutional balance formulated in Article I, Section 8, Clause 8. This crisis is not only domestic, the internet has become a heaven for free copyrighted works around the globe, including Taiwan. In 2002 and 2003, the IFPI brought criminal suits against the local online music-sharing sites ezPeer and Kuro, alleging them for violating the vicarious and contributory liabilities of copyright infringement. This thesis aims at following up on the issue, basing the arguments on empirical evidences drawn from descriptive statistics. By pointing out the inconsistency between the copyright law and the criminal theory that causes injustice common in judicial practice, this thesis argues that if the current copyright statues can’t be revised to serve the intended goals of criminalization, it would be wiser to consider other remedial solutions.
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TUNG, HSING-WEN, and 董幸文. "A Study on Corporate Criminal Liability and Criminal Sanction Focusing on Liability Structure between Corporate and Responsible Person." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/vyz245.
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碩士國立臺北大學
法律學系一般生組
106
Since long ago, there has been a huge controversy over whether a corporate is able to commit a crime in academia. Under the influence of German law, in Taiwan many scholars indicate that corporate shall have no criminal liability at all. However, in recent years food safety incidents and pollution incidents happened again and again. Therefore, some scholars review of the theory basis of the corporate criminal liability. This essay argues that it is necessary to establish corporate criminal liability, because of the criminalization of corporate unlawful act to prevent illegal business activities. Because contemporary criminal law system is mainly aimed at natural persons, how to incorporate the legal person into the existing criminal norms needs further explanation. This essay puts forward the idea of "collective will theory" trying to make a theoretical explanation, especially the establishment of legal person behavior and the explanation of corporate criminal liability. In addition, this essay from historical development of laws, analyzed existing law and pointed out the inadequacies of existing laws. And then from the comparative law of observation, introduce contemporary Britain, the United States, Europe and Japan legislative trends and theory in response to corporate crime. In the end, based on the viewpoint of this essay, put forward an appropriate mode of punishment corporate and make legislative suggestions.
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Yuan, shiau-Jiun, and 袁曉君. "The Criminal Liability Regarding Illegal Credit-Providing." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/86315276922282689930.
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碩士中原大學
財經法律學系
88
ABSTRACT Chapter 1 Introduction The fist chapter illustrates the effect of illegal bank loan for writing this thesis and the research methods adopted in this thesis. In addition , this chapter defines the scope of this thesis and describes the contents of the relevant chapters. Chapter 2 The Credit-Providing of Bank and Credit Union and Crime of Financial This chapter illustrate principle of credit-providing and narrate the credit flow and restriction of bank loan of bank and credit union. In addition narrate the causes of illegal credit-providing, this thesis also dissert the characyeristic of crime of financial . Chapter 3 The Criminal liability Regarding Illegal Credit-Providing This Chapter first dissert the definition of illegal Credit-Providing, then classify types of illegal credit-providing as four types. First type : violation of banking law of the Republic of China. Second type : violation of regulations or rules decreed by the administrative agency. Thirdly type: violation of inside rules decreed by the bank and credit union. Fourthly type: people who violated crime of corruption and nonfeasance. After illustrates these four type , this thesis adduced cases that happened in the Republic of China and Japan. The criminal liability of criminal act are divide into three parts. At first, is the liability of criminal offender . Secondly , is the liability of the bank and credit union. Thirdly ,is the liability of the debit side. This thesis dissert the liability of these ternate criminal types. Chapter 4 The Relevant Regulation Illegal Credit-Providing Under the Law of Japan At first , this Chapter introducing the relevant regulation illegal credit-providing the law of Japan. Then this thesis are judge the banking law of the Republic of China in comparison with e relevant regulation illegal credit-providing the law of Japan. Chapter 5 Conclusion The author states the conclusion and research results of this thesis.
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Liu, Shih-wei, and 劉士煒. "The Criminal Liability of Medical Defect Practice." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/46182709863527755511.
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Lin, Chiu-Yi, and 林秋宜. "Factors Affecting Emergency Physician 's Criminal Liability." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/26471090289607019565.
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碩士國立交通大學
管理學院科技法律學程
101
With the advancement of medical technologies, people can enjoy high quality medical care services. However, the convenience of medical treatment in Taiwan has also become one of the causes for the dramatic increase in medical malpractice disputes. Medical cases most often reported by the media are the ones related to emergency rooms. In addition to emergency room violence and congested conditions, these cases also comprise the emergency care system and medical disputes. The issue of emergency room physicians receiving criminal sentences due to the emergency care they provided to patients has also received great attention. However, in practice, have there really been that many emergency room physicians who have received criminal sentences? Do prosecutors file complaints against emergency room physicians based on their "failed" medical practice？What are the factors judges have to consider after prosecution？ Medical science, by its nature, involves a great deal of uncertainty. Medical practice itself has its risks. Frontline emergency room physicians must treat patients in the most urgent conditions, and these patients' conditions are constantly changing. The physicians must make the right judgments from numerous options on very short notice, which is extremely difficult. The implementation of medical care and evaluation for patients in critical condition should involve special requirements. However, with only limited information and equipment in emergency rooms, should emergency room physicians be evaluated as negligence under law in the event of medical errors? The current academic theories and papers mostly focus on general medical malpractice cases, or discuss individual cases. They do not distinguish between different medical fields for further analysis, nor do they provide special discussions for cases involving emergency medical care conditions. In this study, 25 cases are collected from 1997 to 2012, 10 of which are guilty and the rest 15 cases are innocent. 12 ER physicians sentenced to 2~10 months. Many of them could convert imprisonment into fine or suspension of punishment. When it comes to ER criminal trial, Judges should consider the following factors : triage, causes of going to hospitals, medical level of hospitals, how many patients in the emergency room, period of practicing physicians, the after offenders' attitude committing the offense and so on. This study aims to clarify some misconceptions from the perspective of practical applications, to understand the true state of emergency medical disputes under current practices. This study also discussed medical malpractice-related cases in the United States and the rights that patients enjoy when receiving emergency medical treatment in the US. This study found that medical disputes in the US may be classified as criminal liability cases. We can learn from these cases. We suggest that judges who hear medical malpractice cases should enrich their professional medical knowledge, actively participate in learning programs and seminars, and be encouraged to obtain certification in criminal medicine, in order to bridge the knowledge gap between professions through specialized court operations. Additionally, we suggest that deliberation could proceed in a dual conciliation committee system, and allow legal and medical professionals to participate in such disputes at the earliest possible point. The results should serve as a basis for reforms, and provide reference for the medical and legal fields.
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Liao, Shu-Hua, and 廖淑華. "The Criminal Liability of Abusing Credit Card." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/62809323285828036163.
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