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Dissertations / Theses on the topic 'Criminal responsibility'
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1
Claydon, Lisa. "Involuntary action and criminal responsibility." Thesis, De Montfort University, 2001. http://hdl.handle.net/2086/10729.
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This thesis considers the concept of involuntary action in the criminal law. In particular it examines the defence of automatism. The discussion of the defence by the courts in England and Wales and jurisprudential commentary regarding involuntary action are considered. Present legal definitions of involuntary action do not take account of current scientific or philosophical debates relating to consciousness and the science of the mind. It is argued that modern neuroscientific definitions of consciousness are useful to the criminal law. They suggest how consciousness is used by the brain to assist in the carrying out of tasks and to monitor the interaction between the individual and the world in which her behaviour takes place. They provide evidence that conscious awareness of tasks differs according to the complexity of the task undertaken and the experience of a particular person in performing a particular task. On this view conscious awareness will exist in varying degrees according to the task which is being undertaken and the person performing that task. It is argued that a purely mechanistic or reductionist evaluation of consciousness will not assist in defining criminal responsibility. The thesis also examines differing types of explanation of action. These include philosophical definitions of action and discussions of how consciousness relates to action. The opinions of courts in five other jurisdictions on certain approaches to the automatism defence are considered. The problems of combining legal and philosophical definitions are discussed. A revised test of involuntariness is suggested. The research findings contribute to the fund of knowledge in a number of ways. Firstly they review the case law of automatism in England and Wales and certain aspects of the defence of automatism in five other jurisdictions. Secondly the research examines the relevance of modern neuroscientific research and the philosophy of consciousness in relation to the criminal law's approach to involuntary action. Finally the research findings are utilised to propose a new test of involuntariness.
2
Shaw, Elizabeth. "Free will, punishment and criminal responsibility." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/9590.
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Retributive attitudes are deeply held and widespread in the general population and most legal systems incorporate retributive elements. It is probably also the dominant theory of punishment among contemporary philosophers of criminal justice. However, retributivism relies on conceptions of free will and responsibility that have, for millennia, fundamentally divided those who have thought seriously about the subject. Our legal system upholds the principle that the responsibility of the offender has to be proven beyond reasonable doubt, before the accused can be punished. In view of the intractable doubts surrounding the soundness of retributivism’s very conception of responsibility, my thesis argues that it is ethically dubious to punish individuals for solely retributive reasons. Instead, my thesis proposes that a person should only be punished if the main theories of punishment agree that punishing that person is appropriate – I call this ‘the convergence requirement’. This approach, I argue, is in accordance with the considerations underlying the beyond reasonable doubt standard. In addition to considering the question of ‘whom to punish’ my thesis considers what methods of responding to criminal behaviour are acceptable. In particular, it attempts to explain, without appealing to the contested notions of free will or retributive desert, what is problematic about ‘manipulative’ methods of dealing with criminal offenders (focussing in particular on the possibility of modifying their behaviour through neurological interventions). The final part of this thesis also gives an overview of some of the practical implications for Scots criminal law of taking doubts about free will and retributivism seriously. Given the severe treatment that offenders undergo within the Scottish penal system (e.g. deprivation of liberty, stigma) and the high rate of recidivism, it is important to consider whether our current penal practices are justified, what alternatives are available and what goals and values should guide attempts at reforming the system.
3
Bigalke, Henning. "Criminal responsibility of corporations in international law." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4680.
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Harun, Mohd Baharudin. "Criminal responsibility under the Malaysian penal code." Thesis, University of Edinburgh, 1998. http://hdl.handle.net/1842/21291.
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This study examines the criminal responsibility under the Malaysian Penal Code. The first chapter traces the historical background of Malaysia and of the Code. The legal treatment of the issue of criminal responsibility begins in Chapter Two with the discussion of actus reus and mens rea which are the two basic components of criminal liability. A comparative approach has been adopted in the treatment of the subject. Thus, comparison of the position under the Common law and under the Penal Code as regards criminal responsibility continues to be the theme throughout this study. Chapter Three examines a particular kind of liability i.e. strict liability. The meaning, historical background, rationale and development of strict liability offences are dealt with here. In Chapter Four, this study turns to consider the defences to strict liability offences namely act related defences, defences based on lack of negligence and fault and defences provided by the statutes. The study concludes in Chapter Five by considering the issue of mistake and ignorance of law. The newly emerging defence of officially induced error is also examined here.
5
Maršavelski, Aleksandar [Verfasser], Hans-Jörg [Akademischer Betreuer] Albrecht, and Davor [Akademischer Betreuer] Derenčinović. "Responsibility of political parties for criminal offences." Freiburg : Universität, 2015. http://d-nb.info/1224808665/34.
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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.
8
Caspar-Bures, Bettina. "The criminal responsibility of associations under Austrian Law." Universität Leipzig, 2020. https://ul.qucosa.de/id/qucosa%3A72842.
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The Austrian Act of Corporate Criminal Liability came into force on January 1, 2006.
Since then, associations can be penalized for judicially criminal acts of their decisionmakers and / or employees. A criminal liability of the association presupposes that
the offense was committed in favor of the association and, that the criminal offense
violates the duties determined by the association (association duties).
In the case of a violation against the VbVG, the court will impose an association fine,
which depends on the annual yield of the association. In addition, an instruction can
be issued for compensation for damage.
In 2018 there were counted 341 preliminary investigations against associations, of
which only 28 resulted in an indictment. Only in five cases, there was a conviction,
and an association fine was imposed.
9
St, Denis Emily Elizabeth. "Forensic psychiatry and criminal responsibility in Santiago, Chile." Thesis, Kingston, Ont. : [s.n.], 2008. http://hdl.handle.net/1974/1467.
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Gardner, John. "Responsibility and practical evaluation." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319064.
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Niemann, Grant Robert, and grant niemann@flinders edu au. "Shared Responsibility for the Enforcement of International Criminal Law." Flinders University. Law, 2010. http://catalogue.flinders.edu.au./local/adt/public/adt-SFU20100709.100429.
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This thesis is concerned with international criminal law. It examines the historical development of this body of law. This thesis also examines the record of enforcement of international criminal law. Historically the enforcement of international criminal law has primarily been a matter for states. States possess the capacity and lawful means of coercion necessary to enforce the criminal law. On occasions states have acted in concert with other states to enforce international criminal law by means of international criminal tribunals.
12
Lownie, Ralph H. "The doctrine of diminished responsibility in English criminal law." Thesis, University of Kent, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.328639.
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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 comprehensive definition. This may specify the circumstances in which the mentally disordered person is likely to become involved with the state and thereby be subject to a particular or special relationship with the law. Accordingly, chapter 1 explores the concepts of crime, its elements, and its limitations. Chapter 2 considers the various theories of punishment in order to seek to establish whether there are sufficient reasons to justify the way we deal with mentally disordered persons and whether they are rooted in concepts of fairness and justice. The next chapter explores the notion of mental disorder and examines the medical basis for understanding the condition. It attempts to examine whether the condition is "medical" and indeed whether it is an "illness". The relationship between the medical model and the legal model of mental disorder is studied in addition to the role played by psychiatrists. Chapter 4 examines the lawyer's approach to the mentally disordered person and seeks to determine whether the legal definition of insanity is in any way different from the medical concept of mental disorder and the consequences that flow from the various defences of insanity. Chapter 5 looks at the reality of the interaction between the mentally disordered person and the various institutions with which he comes into contact. Thus, state hospitals, the disposal of mentally disordered offenders or accused persons and the various sentences or restriction orders are examined. The final chapter considers possible areas for reform, and makes certain recommendations, which if implemented might serve to remove some of the difficulties that have been identified. he investigation includes the situation with regard to mental disorder and criminal responsibility in Iraqi criminal law as wel1. The main purpose of this thesis is to find out the appropriate theory of punishment which might be used to resolve the problem with mentally disordered people (both responsible and non-responsible) in respect of the sentencing process in U.K.
14
Slavko, Anna Serhiivna, Анна Сергіївна Славко, and Анна Сергеевна Славко. "Some legal aspects of realization of principle of individual criminal responsibility in international criminal law." Thesis, Belarusian State Economic University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/51091.
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Some legal aspects of realization of principle of individual criminal responsibility in international criminal law are discovered in the articleУ статті досліджуються певні особливості реалізації принципу індивідуальної кримінальної відповідальності у міжнародному кримінальному праві
15
McCue, James. "The responsibility of young people and the vicarious responsibility of their parents: A vignette study investigating the influence of perpetrator age and victim harm on public attributions of criminal and general responsibility." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2016. https://ro.ecu.edu.au/theses/1767.
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Following the notorious James Bulger murder and several subsequent cases, the media has increasingly reported on children under the age of 10 engaging in serious and violent criminal behaviour. The media have reported claims that children understand crime, and its consequences, at a younger age compared to previous generations due to revolutionary advances in technology and education. Consequently, there has been a tendency for the media to report punitive public reactions to youth crime, focused on harsher penalties at younger ages. Under Australian law children under the age of 10 fall below the minimum age of criminal responsibility (MACR), and are considered doli incapax (i.e., they lack the capacity to form criminal intent). Recent developmental psychological research indicates that children understand concepts of right and wrong from approximately six years of age. However, they do not fully develop the ability to manage the emotional aspects of decision making until approximately 25 years of age, placing them at risk of engaging in impulsive and ill-considered decision making without considering the possible consequences of their actions. Accordingly, there is a fundamental gap between media/public attributions and psychological research. Another related and contentious policy issue regarding the MACR, is the degree of vicarious responsibility parents should assume for their child(ren)’s criminal behaviour.
Utilising an attribution theoretical perspective and Hart’s (1968) construct of responsibility, the current research project investigated public attributions (n = 274) regarding the criminal and general responsibility of young people, the vicarious criminal and general responsibility of parents. A 3 x 3 factorial experimental design was employed to measure the influence of perpetrator age (7, 11 or 14 years) and level of harm caused to the victim (low, moderate, high) on attributions of the criminal responsibility of young people and their parents (i.e., the child/parent being processed and punished by the criminal justice system), as well as the general responsibility of young people and their parents (i.e., the child/parent being held accountable for the harm caused via civil remedies and alternatives to justice). Attributions were measured using quantitative and qualitative methods.
The results indicated that attributions of criminal responsibility are significantly predicted by the level of harm caused to the victim, and demonstrated that the public are prepared to attribute criminal responsibility to children as young as seven years of age when a high level of harm is caused. It was found that the public support the use of restorative and diversionary justice measures to deal with young people. Whilst they are willing to hold children responsible, the public do not support holding parents ‘criminally’ responsible for their children’s actions. Instead, the public favour civil remedies such as the victim and their parents paying compensation.
As well as being consistent with existing literature regarding attributions of responsibility, the findings contribute new insights regarding the ability of the public to differentiate between concepts of criminal responsibility and general responsibility when forming attributions. When provided with information regarding a specific example of youth crime, the public support efforts to intervene with young people and their family to reduce the risk of reoffending. The public do not necessarily desire punitive responses to youth crime, such as a lower MACR or vicarious parental criminal responsibility.
16
Barnes, Simon Dennis. "Psychopaths and insanity : law, ethics, cognitive neuroscience and criminal responsibility." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/psychopaths-and-insanity-law-ethics-cognitive-neuroscience-and-criminal-responsibility(a0121991-dfab-4d3b-a7fb-b4ec88a7f453).html.
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In many jurisdictions, including England and Wales, psychopaths are unable to succeed with an insanity defence. This has been influenced by a legal view of psychopathy as a condition characterised by a reduced ability to comply with the law, which is otherwise fully understood. Evidence from cognitive neuroscience, however, may potentially challenge this traditional legal conception of psychopathy. In this regard it has already been suggested, based partly on scientific evidence, that it may be appropriate for at least some psychopaths to succeed with an insanity defence where they can be shown to lack moral competence. In this thesis, I critically examine this possibility. I first examine the insanity defence in English law, showing how psychopaths have effectively been excluded from the defence by judicial interpretation of the insanity defence criteria. Consequently, if psychopaths lacking moral competence were to be identified, reform (or reinterpretation) of the defence would be required. I then present philosophical arguments in favour of the case that some psychopaths should gain access to an insanity defence, before clarifying which psychopaths ought potentially to succeed, and which criminal offences ought potentially to be relevant, for the purposes of a reformed or reinterpreted defence. In order to clarify which psychopaths are relevant psychopaths (RPs), it is necessary to go beyond existing scientific evidence. It is argued, based on emerging neuroscientific findings and current research techniques, that while it is not currently possible to identify RPs, it may be possible in the future. Even if it this becomes possible, however, the philosophical case for access to an insanity defence remains deeply problematic. Although RPs may lack moral competence, for example, they may nevertheless possess other capacities relevant to criminal responsibility. After closer examination, it is argued that the case for access to an insanity defence may be best viewed as a case for mitigation rather than exculpation. I conclude by considering some of the implications of this analysis in an English legal context, should it become possible to identify RPs. Of particular relevance is the possibility that RPs may be at high risk of causing serious harm to others. This illuminates important possible relationships between responsibility and risk, and diagnostic advancements and risk assessment, in this area. There are also broader implications for the management of psychopaths in the future, given that greater scientific understanding may lead to enhanced predictive abilities that could tempt policymakers towards more radical strategies. This thesis contributes to an ongoing debate about the role that cognitive neuroscience may play in decisions about the criminal responsibility of psychopaths. My main contribution is to clarify how psychopaths lacking moral competence may be identified in the future, and relate this neuroscientific discourse to arguments for providing these persons with access to an insanity defence. It is argued, however, by reference to legal, policy, scientific and philosophical considerations, that the risk such persons would pose, rather than their capacity for criminal responsibility per se, may have significant legal and policy implications in England and Wales in the future.
17
La, Haye Eve. "Individual criminal responsibility for war crimes in internal armed conflicts." Thesis, London School of Economics and Political Science (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.406082.
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Nyirenda, Fannie. "Corporate criminal responsibility under the Malabo Protocol: A step forward?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6342.
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Magister Legum - LLM (Criminal Justice and Procedure)Traditionally, domestic criminal law was focused on individual guilt as can be seen from the principles of punishment, which are closely linked to blameworthiness and the infliction of loss or punishment to the offender. It most often requires the proof of the offender's mental state at the time of the committing the offence. Due to the emergence of the concept of legal persona, there has emerged a framework of imputing criminal liability on entities with legal personality. This concept has gained momentum in the domestic criminal law systems of many countries. The modern-day development of corporate criminal responsibility (CCR) emerged from the common law countries and has undergone a series of developments. Various models of imputing liability on a corporation have been developed with the United Kingdom having recently passed laws for serious offences like corporate manslaughter.
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Ramages, Kelly-Anne. "Investigating the minimum age of criminal responsibility in African legal systems." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4999_1259563406.
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The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be..."
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Gore, Sally Elizabeth. "Raging hormones and excuses : female-specific syndromes and criminal (non-) responsibility." Thesis, University of Cambridge, 2007. https://www.repository.cam.ac.uk/handle/1810/252025.
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This thesis focuses on two parallel debates. The first concerns the fact that premenstrual syndrome (PMS) can be recognised by the criminal law and used as the basis of an excuse or in mitigation. The second takes as its starting point the existing academic criticism of the infanticide offence/defence, which in turn gives rise to the question of whether postnatal illnesses should be able to give rise to a criminal defence or be employed as a factor that goes to mitigation of sentence. In order to move both debates further, I draw on theories from medicine, philosophy and law and I consider the following issues and their impact on the specific questions in this thesis: 1) When are particular symptoms or experiences classified as disease or illness and what is the significance of these labels? 2) What is the theoretical basis for holding an individual criminally responsible and when should people suffering from mental disorder be wholly or partially excused or be able to raise a condition in mitigation? 3) To what extent does the existing criminal law meet these requirements and/or how should it be reformed in order to do so? I begin by looking at the current legal position and at the way in which the legal debate in this area has been conducted so far. I identify a number of questions that have characterised the so-called ‘feminist debate’ which centres around authors who object to the formal recognition of female-specific medical problems for gender-political reasons. An examination of the principal medical literature on both conditions demonstrates that although the symptoms and aetiologies of the two conditions are not settled, their existence is not doubted by medical science. Furthermore, both can be regarded as subcategories of the generic group of mental disorders categorised as depression. I answer the question of when something is considered a disease by demonstrating the philosophical underpinnings of the concept. The disease and illness labels are used to signify that an individual is not regarded as responsible for their symptoms and thus is excused by society from partaking in their normal social role when ill.
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Harvey, Bianca. "Mental illness and criminal responsibility assignment in mock jury decision-making /." Title page, table of contents and abstract only, 2004. http://web4.library.adelaide.edu.au/theses/09SPS/09spsh3411.pdf.
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Belay, Markos Debebe. "Scrutinising the modes of responsibility under the Rome statute : settling the dust." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5165.
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Ausserladscheider, Jonas Laura. "Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/78621.
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War crimes, crimes against humanity, genocide and the crime of aggression (hereinafter, ‘core crimes’) could not be perpetrated without those who finance them. This dissertation examines the basis for criminal liability in international criminal law (‘ICL’) for persons who finance entities that perpetrate core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon (i) whether liability exist for individuals who finance entities that perpetrate core crimes; and (ii) if so, the circumstances under which such liability exists.
To determine the minimum standard of liability of these individuals, this work analyses the legal rules relating to complicity in twenty selected common law and civil law jurisdictions in Africa, Asia, Europe, Latin America, North America, and Oceania. The aim of this assessment is to determine whether general principles of law exist that are recognized by the community of nations with respect to the minimum standard of liability for aiders and abettors.
Therefore, this work proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance entities that commit core crimes.
The comparative study concludes for aiding and abetting that, at this time, the minimum standard of knowledge is active knowledge. However, this work argues that a revision of this standard is in order to include wilful blindness. Regarding the intent requirement, the comparative analysis found that dolus eventualis is included in the definition of intent.Thesis (LLD)--University of Pretoria, 2020.
Public Law
LLD
Restricted
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Gadea, Benavides Héctor. "The Foreign Corrupt Practices Act and the criminal responsibility of the company." THĒMIS-Revista de Derecho, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/110036.
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Due to the possible adoption in Peru of the criminal responsibility for companies and of the corporate compliance programs, the author analyzes the position that the United States has adopted facing the acts of corruption abroad, which legal basis is the Foreign Corrupt Practices Act.In the present article, the author will do an study of this regulation, covering its scope, who are imputable by it and the possible situations that generate criminal responsibility. All of this developed over the position taken by the jurisprudence in notorious corruption scandals.In addition, the development of the effectiveness of the compliance figure will be studied as well as the implementation of incentives for the corporations to adopt prevention policies.A raíz de la posible adopción en el Perú de la responsabilidad penal para empresas y de los programas de compliance, el autor analiza la postura que ha tomado el ordenamiento de Estados Unidos frente a los actos de corrupción en el extranjero, cuya base normativa es el Foreign Corrupt Practices Act. En el presente artículo, el autor hará un estudio de esta regulación, cubriendo sus alcances, quiénes son imputables y los posibles supuestos de hecho.Todo esto sobre la base de la postura que ha adoptado la jurisprudencia frente a sonados escándalos de corrupción. Además, se estudiará el desarrollo de la eficacia de la figura del compliance y la implementación de incentivos para los empresarios de adoptar políticas de prevención.
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James, Hazel. "Criminal responsibility, abnormal mental states, and the functions of expert medico-psychological evidence." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13328/.
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This thesis exammes the interaction of law and medico-psychology in homicide cases, where the defences of insanity and diminished responsibility in particular are raised. If the defendant's mental state is subject to scrutiny through the defences, then expert medico-psychological evidence is required, yet law and medico-psychology have very different understandings on the mind and very different roles with regard to assessing individuals. Expert medico-psychological evidence can be submitted in the consideration of criminal responsibility, when sentencing is concerned with whether prison or hospital is most appropriate, and for release decisions involving judgments about the defendant's potential risk and dangerousness. The examination of the interaction between law and medico-psychology incorporated three dimensions. First, an exposition of the respective theoretical positions of the two disciplines on the mind, detailing the pertinent legislative and common law rules. The second analysed the judicial interpretations of the medico-psychological terms and concepts contained in the substantive law, and in addition, the controls developed through judicial reasoning on the procedural role of the expert and the admission of expert testimony. Finally, the practitioners' perspective is explicated, which was obtained by conducting interviews with lawyers and medico-psychological expert witnesses. There are two facets to the research conclusions, which simplistically stated are: first, in terms of the interaction between law and medico-psychology, the law uses medico-psychological concepts and evidence in a symbolic manner to facilitate legal objectives. Secondly, the examination of the nature of the interaction through the three dimensions exposed the fundamental difference between the theoretical legal debates and the practitioners' perspective. Although the former normally informs legislative and reform discussions, it seems from this research that consideration needs to be given to all the dimensions in future reform debates.
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Wells, Lydia. "The attribution of criminal responsibility to corporations for the offence of corporate manslaughter." Thesis, Wells, Lydia (2005) The attribution of criminal responsibility to corporations for the offence of corporate manslaughter. Honours thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/41534/.
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The criminal law is based on principles of individual autonomy and mens rea. These principles are present to protect the rights of the accused and the authority of the criminal justice system. Because of the criminal law's focus on individual autonomy, substantial difficulties have emerged in applying the criminal law to contemporary corporations. In order to overcome these problems, the common law has developed three approaches which enable criminal responsibility to be attributed to a corporation. The most established method is known as identification theory, which looks to an individual who is the "directing mind and will" of the corporation and who can be found to have the mental element and involvement in the offence. Aggregation allows the conduct and mental states of more than one individual to be aggregated to make out the elements of an offence. Vicarious liability, although still possible in civil law, has been rejected by the courts in criminal matters. Identification has been affirmed by the courts as the most appropriate method of attribution of criminal liability. Nonetheless, it has inherent practical and conceptual difficulties. This is particularly so when addressing the complexities of management in many medium and large sized companies. The alternative approach to corporate criminal liability is regulation, which tends towards relying on strict liability. Two legislatures have recently looked to aggregation to meet the difficulties in the application of identification theory. However, this approach has inherent difficulties, most obviously in because it offends the basic principles of individualism and autonomy. This paper argues that identification theory is the only method of attribution which respects the fundamental principles on which criminal responsibility is based. Where attribution fails due to the limitations inherent in identification theory, regulatory law is the only acceptable mechanism that should be utilised in the offence of corporate manslaughter.
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Zampieri, Ilaria. "The troubled relationship between neuroscience and criminal responsibility: an overview and case study." Thesis, IMT Alti Studi Lucca, 2022. http://e-theses.imtlucca.it/355/1/Zampieri_phdthesis.pdf.
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Criminal behavior and the assessment of legal insanity have always been topics of primary concern for the justice system and, at the same time, of great interest to mental health experts. Neuroscience has given mental health specialists an incredible tool to investigate the brain, but the use
of neuroimaging techniques in criminal trials has been received with a significant degree of resistance. This thesis illustrates an overview of the techniques involved in the study of the brain that gave birth to modern
neuroscience. Moreover, it highlights the philosophical consequences of some neuroscientific experiments that have alerted legal scholars to the problems of free will and criminal responsibility. This contribution goes
in-depth in analyzing the normative components of criminal
responsibility according to Italian law, and it presents some comparisons with Anglo-American law. Additionally, the present work focuses on the judgment of criminal responsibility in insanity defense cases and the
controversies around the mental conditions that can be relevant for a not guilty by reason of insanity verdict. Some real forensic cases are illustrated and discussed. They concern the role of neuroscientific evidence and a
debate on the relevance of a personality disorder for the insanity defense.
This thesis addresses the problems of translation of legal terms into scientific concepts and, the other way around, of scientific findings into pieces of evidence that are meaningful for legal doctrine. In conclusion,
the thesis aims to give an overall outlook on the relationship between law and contemporary forensic neuroscience.
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Podcameni, Ana Paula. "The Contribution of the Special Court for Sierra Leone to the Law on Criminal Responsibility of Children in International Criminal Law." FIU Digital Commons, 2017. http://digitalcommons.fiu.edu/etd/3358.
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The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict when part of armed groups or armed forces. And with no consensus within the international community regarding their status within International Criminal Law — no established law within International Law and no consistent practice among states on the issue— the problem of criminal accountability of children accused of international crimes remains unanswered.
The current work conducts a legal positivist analysis with the focus of investigating the contribution of the Special Court for Sierra Leone to the current debate on children’s criminal responsibility under International Criminal Law. Among significant contributions, the Statute of the Special Court brought one interesting innovation to the debate on children’s potential criminal responsibility. Juveniles starting at age fifteen would be considered viable for prosecution if among those most responsible for the Special Court, as established in Article 7.1. The above innovation translates into two essential contributions to the debate on children criminal responsibility for international crimes: first the Special Court was the first international court to elect a minimum age of criminal responsibility (MACR) at age fifteen to be operational within the scope of the court. Secondly, and equally important, the court reflected the position that children, after the stipulated MACR would be considered, at least a priori, viable subjects of the international criminal system.
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Vidmar-Perrins, Mikaela. "The construction of insanity, the impact of informational cues on perceptions of criminal responsibility." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0002/MQ45383.pdf.
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Hood, Andrew 1976. "The doctrine of command responsibility and the International Criminal Court : development, regression or compromise?" Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31163.
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When should a commander be held responsible for the crimes of those under his control? Must a commander have known, or is it enough that he should have known, that his subordinates had committed or were about to commit a crime before we impose criminal responsibility on him for failing to prevent or punish those crimes? In attempting to answer these questions, the very foundations of criminal responsibility are set out and form the normative framework within which our examination of the command responsibility doctrine is undertaken. The historical evolution and modern-day application of the command responsibility doctrine are also set out and draws upon two themes; whether there is any justification for the distinction between the responsibility of military and civilian commanders and which mens rea standard should be adopted for the doctrine of command responsibility.
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Thomas, Sue. "The influence of need and responsibility on the assignment of punishments for criminal offences." Thesis, University of Liverpool, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.366455.
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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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Adamson, David J. "Insanity, idiocy and responsibility : criminal defences in northern England and southern Scotland, 1660-1830." Thesis, University of St Andrews, 2005. http://hdl.handle.net/10023/14462.
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This thesis compares criminal defences of insanity and idiocy between 1660 and 1830 in northern England and southern Scotland, regions which have been neglected by the historiographies of British crime and "insanity defences". It is explained how and why English and Scottish theoretical principles differed or converged. In practice, however, courtroom participants could obtain to alternative conceptions of accountability and mental distraction. Quantitative and qualitative analyses are employed to reveal contemporary conceptions of mental afflictions and criminal responsibility, which provide inverse reflections of "normal" behaviour, speech and appearance. It is argued that the judiciary did not dictate the evaluation of prisoners' mental capacities at the circuit courts, as some historians have contended. Legal processes were determined by subtle, yet complex, interactions between "decision-makers". Jurors could reach conclusions independent from judicial coercion. Before 1830, verdicts of insanity could represent discord between bench and jury, rather than the concord emphasised by some scholars. The activities of counsel, testifiers and prisoners also impinged upon the assessment of a prisoner's mental condition and restricted the bench's dominance. Despite important evidentiary evolutions, the courtroom authentication of insanity and idiocy was not dominated by Britain's evolving medical professions (including "psychiatrists") before 1830. Lay, communal understandings of mental afflictions and criminal responsibility continued to inform and underpin the assessment of a prisoner's mental condition. Such decisions were affected by social dynamics, such as the social and economic status, gender, age and legal experience of key courtroom participants. Verdicts of insanity and the development of Britain's legal practices could both be shaped by micro- and macro-political considerations. This thesis opens new avenues of research for British "insanity defences", whilst offering comparisons to contemporary Continental legal procedures.
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Näs, Elvira, and Michael Nyman. "Corporate criminal liability in Sweden." Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36366.
Full textAbstract:
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.
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Красницький, І. В., and I. V. Krasnytskyi. "Поняття, підстави та форми кримінальної відповідальності за кримінальним правом Франції та України: порівняльний аналіз: дисертація." Thesis, ЛЮІ МВСУ, 2005. http://dspace.lvduvs.edu.ua/handle/1234567890/320.
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Красницький І.В. Поняття, підстави та форми кримінальної відповідальності за кримінальним правом Франції та України: порівняльний аналіз: дисертація на здобуття наукового ступеня кандидата юридичних наук зі спеціальності 12.00.08 – кримінальне право та кримінологія; кримінально-виконавче право / Красницький Іван Васильович. – Львів: Львівський юридичний інститут, 2005. - 220 с.Дисертація присвячена дослідженню проблем поняття, підстав і форм кримінальної відповідальності. Вони вирішуються шляхом проведення порівняльного аналізу нормативних положень, а також кримінально-правової доктрини Франції і України. Розглядаються питання виникнення і розвитку інституту кримінальної відповідальності в кримінальному законодавстві Франції і України, їх вирішення в чинному кримінальному законодавстві та сучасній кримінально-правовій доктрині обох держав. На підставі проведеного аналізу пропонується авторське поняття структури кримінальної відповідальності, з урахуванням якої визначається її поняття і форми. У роботі визначено, виділено і проаналізовано підстави кримінальної відповідальності за кримінальним правом Франції, запропоновано вирішення цієї проблеми в кримінальному праві України, визначено поняття форми кримінальної відповідальності, встановлено в яких формах може реалізуватися кримінальна відповідальність за законодавством Франції та України, проведено аналіз виділених форм. The thesis is devoted to the research on problems of concept, reasons and forms of the criminal responsibility. The author tries to find their solution by carrying out the comparative analysis of normative positions and the criminal legal doctrine of France and Ukraine. The thesis considers the questions of origin and development of the institution of criminal responsibility in the criminal legislation of France and Ukraine, their solution under the valid criminal legislation and modern criminal legal doctrine of both countries. On ground of the leading analysis the author propounds his own concept of structure of the criminal responsibility in view of which its forms and concepts are determined. In the thesis we determine, assign and analyse the reasons of criminal responsibility according to the criminal law of France. Also we propound the solution of its problem in the criminal law of Ukraine. The author determines the concept of the form of criminal responsibility and those in accordance with which the criminal responsibility under the legislation of France and Ukraine may be executed and carries out the analysis of the assigned forms.
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Öhlèn, Klara. "Straffbarhetsåldern - är den ändamålsenligt utformad med hänvisning till barns mognad och utveckling?" Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-131761.
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GASPARINI, IRENE. "LA PERSECUZIONE DEI CRIMINI INTERNAZIONALI TRA MECCANISMI DI IMPUTAZIONE COLLETTIVA E RESPONSABILITÀ PENALE PERSONALE: LO STRANO CASO DELLA ‘JOINT CRIMINAL ENTERPRISE’." Doctoral thesis, Università Cattolica del Sacro Cuore, 2017. http://hdl.handle.net/10280/35755.
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La ricerca affronta una particolare forma di responsabilità concorsuale per crimini internazionali chiamata ‘joint criminal enterprise’ (JCE), creata dal Tribunale Penale Internazionale per l’ex-Yugoslavia. Il perno attorno al quale la ricerca si svolge è la suscettibilità di un tale criterio di imputazione di trasformarsi in un veicolo di responsabilità penale collettiva. Al fine di discutere dei punti di frizione di questo meccanismo ascrittivo con il fondamentale principio di responsabilità penale individuale e colpevole, l’autrice si propone di tracciare innanzitutto una cornice teorica più ampia. Il punto di partenza va individuato nella polarizzazione tra due forze che agiscono in senso opposto: una macro-dimensione, composta da fattori collettivizzanti (fattore storico, sistemico e teleologico), e una micro-dimensione che tenta di comprimere la responsabilità penale nei rigidi confini della colpevolezza. Collocata dunque al centro della “tensione” tra queste due forze opposte, la ‘joint criminal enterprise’ rivela i suoi caratteri più problematici, specialmente con riferimento ai requisiti di un nesso eziologico “indiretto” e a un elemento soggettivo fortemente indebolito. Addentrandosi infine nell’analisi comparata di sistemi di common law e civil law, l’autrice propone all’interprete internazionale diverse argomentazioni e correttivi al fine di un’applicazione della JCE che sia maggiormente conforme al principio di responsabilità penale personale e colpevole.The thesis discusses a particularly problematic mode of liability for international crimes: the doctrine of ‘joint criminal enterprise’ (JCE) created by the International Criminal Tribunal for the former Yugoslavia. The core issue is the suitability of this mechanism of attribution to turn into a vehicle of collective criminal responsibility. In order to discuss its points of friction with the principle of individual culpability, the author designs a broader theoretical framework. The point of departure is a polarization between two opposing forces: a macro-dimension of collectivizing factors (historical, contextual and teleological) and a micro-dimension that strives to contain liability into the strict boundaries of individual guilt. Placed within the “strain” between these two opposing forces, JCE reveals its highly problematic features, especially in relation to the requirements of an indirect causal nexus and a very weak mens rea. Finally, by venturing into a comparative analysis of common law/civil law domestic systems, the author proposes to the international interpreter several arguments and correctives in order to apply JCE liability in a manner that is more consistent with the fundamental principle of individual culpability.
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GASPARINI, IRENE. "LA PERSECUZIONE DEI CRIMINI INTERNAZIONALI TRA MECCANISMI DI IMPUTAZIONE COLLETTIVA E RESPONSABILITÀ PENALE PERSONALE: LO STRANO CASO DELLA ‘JOINT CRIMINAL ENTERPRISE’." Doctoral thesis, Università Cattolica del Sacro Cuore, 2017. http://hdl.handle.net/10280/35755.
Full textAbstract:
La ricerca affronta una particolare forma di responsabilità concorsuale per crimini internazionali chiamata ‘joint criminal enterprise’ (JCE), creata dal Tribunale Penale Internazionale per l’ex-Yugoslavia. Il perno attorno al quale la ricerca si svolge è la suscettibilità di un tale criterio di imputazione di trasformarsi in un veicolo di responsabilità penale collettiva. Al fine di discutere dei punti di frizione di questo meccanismo ascrittivo con il fondamentale principio di responsabilità penale individuale e colpevole, l’autrice si propone di tracciare innanzitutto una cornice teorica più ampia. Il punto di partenza va individuato nella polarizzazione tra due forze che agiscono in senso opposto: una macro-dimensione, composta da fattori collettivizzanti (fattore storico, sistemico e teleologico), e una micro-dimensione che tenta di comprimere la responsabilità penale nei rigidi confini della colpevolezza. Collocata dunque al centro della “tensione” tra queste due forze opposte, la ‘joint criminal enterprise’ rivela i suoi caratteri più problematici, specialmente con riferimento ai requisiti di un nesso eziologico “indiretto” e a un elemento soggettivo fortemente indebolito. Addentrandosi infine nell’analisi comparata di sistemi di common law e civil law, l’autrice propone all’interprete internazionale diverse argomentazioni e correttivi al fine di un’applicazione della JCE che sia maggiormente conforme al principio di responsabilità penale personale e colpevole.The thesis discusses a particularly problematic mode of liability for international crimes: the doctrine of ‘joint criminal enterprise’ (JCE) created by the International Criminal Tribunal for the former Yugoslavia. The core issue is the suitability of this mechanism of attribution to turn into a vehicle of collective criminal responsibility. In order to discuss its points of friction with the principle of individual culpability, the author designs a broader theoretical framework. The point of departure is a polarization between two opposing forces: a macro-dimension of collectivizing factors (historical, contextual and teleological) and a micro-dimension that strives to contain liability into the strict boundaries of individual guilt. Placed within the “strain” between these two opposing forces, JCE reveals its highly problematic features, especially in relation to the requirements of an indirect causal nexus and a very weak mens rea. Finally, by venturing into a comparative analysis of common law/civil law domestic systems, the author proposes to the international interpreter several arguments and correctives in order to apply JCE liability in a manner that is more consistent with the fundamental principle of individual culpability.
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Lees, Charlotte. "The age of criminal responsibility, which direction? : a comparative study of the United Kingdom and Canada." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33054.
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The setting of an 'age of criminal responsibility' by States across the international spectrum is a formal recognition that children do not possess the same mental capacity to comprehend the extent of the criminality of their actions, and their implications, as adults. Any such legal threshold which abruptly deems a child 'criminally responsible' upon the dawning of a birthday is inherently arbitrary, yet a necessary legal fiction. The central conundrum addressed by this discussion is "which direction?"---at what age should policy-makers draw the line. Should legislators be advocating low ages of criminal responsibility, or should they be championing higher ages? An examination of the juvenile justice regimes of the UK and Canada provides an informative backdrop against which to base a sound conclusion: higher ages of criminal responsibility should be adopted in order to counteract and safeguard against the current climate of 'zero tolerance' and retributive 'just deserts' currently motivating youth justice policy.
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Vincent, Gina Marie. "Criminal responsibility after Bill C-30, factors predicting acquittal and lengths of confinement in British Columbia." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0015/MQ51494.pdf.
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Mettraux, Guenael. "Command responsibility in international law : the boundaries of criminal liability for military commanders and civilian leaders." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2576/.
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Born in the aftermath of the Second World War, the doctrine of command or superior responsibility provides that a military commander or a civilian leader may be held criminally responsible in relation to crimes committed by subordinates even where he has taken no direct or personal part in the commission of these crimes. The basis of this type of liability lies in a grave and culpable failure on the part of a superior to fulfill his duty to prevent or punish crimes of subordinates. Command responsibility is not a form of objective liability, nor is it a form of accomplice liability although it borrows elements from various types and forms of liability. It is a form of liability that is personal in nature and which is triggered by a personal and culpable dereliction of duty. Liability is entailed, however, not for a specific crime of 'dereliction of duty', but instead in relation to the underlying offence that has been committed by subordinates of the superior. In that sense, the responsibility of a superior is entailed and is closely linked to the crimes of his subordinates for which he may be convicted. Contrary to most other forms of criminal liability, the doctrine of command responsibility first developed as a norm of international law, rather than under domestic law. It is central to the ability of international law to ensure compliance with standards of humanitarian law and it remains a most important legal instrument in the fight against impunity. The present thesis provides a comprehensive and insightful dissection of that doctrine, its scope of application, its elements as well as the evidential difficulties involved in establishing those elements in the context of criminal prosecutions.
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Bassino, Balta Ariana. "Is it possible to use legal defenses to exempt criminal responsibility for the crime of torture?" THĒMIS-Revista de Derecho, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/108373.
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Torture is proscribed in the majority of countries, and prohibited by numerous international instruments. However, torture is nowadays a practice that takes place in many countries, even though there exists a majority agreement in favor of absolute prohibition of this conduct.In the present article, the author analyzes the possibility of using legal defenses to exempt criminal responsibility for the crime of torture. In order to do this, the author examines historical, doctrinal and jurisprudential aspects, concluding than in certain situations it is possible to appeal to traditional legal defenses, particularly selfdefense.La tortura se encuentra proscrita en la mayoría de países, y está vetada por diversos instrumentos internacionales. No obstante, la tortura es en la actualidad una práctica que se lleva a cabo en muchos países, a pesar de un discurso mayoritario de prohibición absoluta de la misma.En el presente artículo, la autora realiza un análisis sobre la posibilidad de aplicar eximentes en el juicio de imputación del delito de tortura. Para ello, examina aspectos históricos, doctrinales y jurisprudenciales, concluyendo que en determinadas situaciones límite se verifican los presupuestos y requisitos de las causas de justificación tradicionales, en particular de la legítima defensa.
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Kameldy, Neldjingaye. "Challenging impunity in northern Uganda : the tension between amnesties and the principle of international criminal responsibility." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5448.
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This dissertation intends to analyse the practice of amnesties in the context of grave human rights violations using northern Uganda as a case study. It also examines its consistency with the obligation upon states to protect human rights through the prosecution of perpetrators of the said violations. It will, accordingly, analyse the
implications of the complementary mandate of the International Criminal Court (ICC) to national jurisdictions.
Furthermore, the author also explores the tension which results from national amnesties and the principle of international criminal responsibility, a principle that the ICC has the mandate
to enforce.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Ben Kiromba Twinomugisha of the Faculty of Law, Makerere University, Kampala, Uganda.
http://www.chr.up.ac.za
Centre for Human Rights
LLM
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Sposato, Karyna Batista. "Elementos para uma teoria da responsabilidade penal de adolescentes." Faculdade de Direito, 2011. http://repositorio.ufba.br/ri/handle/ri/15283.
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O presente estudo tem o objetivo de oferecer os elementos para uma Teoria da Responsabilidade Penal de Adolescentes, que revisite os principais aspectos da responsabilidade penal e possa inspirar uma nova concepção de culpabilidade na matéria. O ponto de partida é a discussão do conceito de imputabilidade e suas repercussões para a menoridade penal. Adotando-se diferentes perspectivas, a partir de aspectos históricos, dogmáticos, político-criminais e de direito comparado, ambicionase desenvolver as primeiras bases de uma Teoria da Responsabilidade Penal de Adolescentes. Por isso, são recuperadas as distintas legislações e regras em matéria de responsabilidade dos menores de 18 anos, através de um apanhado histórico do tratamento jurídico conferido à responsabilidade do menor de idade no ordenamento jurídico brasileiro. Em seguida, são apresentados os modelos de responsabilidade e regulação de justiça juvenil discutindo-se as feições do modelo brasileiro. Da análise crítica desse modelo em vigência emerge a necessidade de alicerçar uma doutrina jurídica sólida capaz de fazer avançar a compreensão jurídico-social da problemática do crime cometido por adolescentes. Para tanto, torna-se indispensável enfrentar o tema da imputabilidade em suas mais variadas acepções e em sua correlação com a culpabilidade. Por fim, ao esboçar uma Teoria da Responsabilidade Penal de adolescentes, sob fundamentos eminentemente penais, assume-se o desafio dogmático de traçar possíveis feições de uma culpabilidade específica para os adolescentes quando autores de delito.
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Hariharan, Jeevan. "FREE WILL HUNTING: A RECONCEPTUALISATION OF VOLUNTARINESS, DURESS AND NECESSITY USING ARISTOTLE’S ETHICS." Thesis, Department of Philosophy, 2012. http://hdl.handle.net/2123/9002.
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Jurisprudential philosophers concerned with the question of legal responsibility will be familiar with the problematic category of cases where conduct which would otherwise attract liability is committed as a result of threats or dire circumstances. When these situations arise in the context of criminal law, the traditional approach has been to invoke the defences of duress and necessity. As it stands, however, the operation of these concepts seems to be fraught with an underlying difficulty; namely, that the core theoretical basis for duress and necessity overlaps with the principle of voluntariness by relying on common tests such as whether one’s free will is overborne. In chapter one, I outline this problem and its implications, arguing that attempts to circumvent the issue are unsuccessful because they are based on an arbitrary distinction between physical and moral involuntariness. The rest of the thesis is devoted to the claim that a tenable basis for reconceptualisation can be found in Aristotle’s Nicomachean Ethics and Eudemian Ethics. In chapter three, I examine Aristotle’s writings on these issues, overcoming difficulties with the texts to develop an Aristotelian theory of voluntary action. In chapter four, I apply these considerations to the current law, demonstrating how an Aristotelian approach better conforms with the underlying rationale for the voluntariness principle and leads to increased clarity for the law relating to duress and necessity.
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Peng, Chia-chun, and 彭佳俊. "Criminal Responsibility for Copyright Infringement." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/e264v8.
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碩士逢甲大學
財經法律研究所
102
Abstract Copyright protection of intellectual property is the core of our legal system.Not only the social well-being and welfare, and the author intellectual property rights. Because our country’s protection of economic rights, often with criminal treatment.But this approach consumes a lot of social resources and cost, and it also conflict with the legislative purpose of copyright protection.Therefore, using criminal responsibility for copyright protection, whether with or without the necessity, is an important key to the focus of this thesis. Since the amendment of the copyright law over the years, is to meet the international copyright conventions, especially the United States have the most significant impact of the Copyright Law, which trade agreements relating to intellectual property rights (TRIPs) and the U.S. Digital Millennium Copyright Act (DMCA) are most far-reaching. This thesis study and discuss the convention if there is doubt on our country on the international arena for application.Followed by a review of the penalty provisions of the Copyright law, and review the opinion of practical judgment. This discussion of copyright infringement is based on the penalty core. First, copyright infringement, whether or not need families to penalties? The general opinion of our legal system,under the responsibility of the severity, the heaviest is criminal responsibility, civil responsibility is the lightest, then the administrative responsibility is in the middle. Under our system of legal liability, copyright infringement behavior,its malignancy penalties necessity to reach families, has become the topic we have discussed. The author wish to conduct research on doubt, look forward to some suggestions for Taiwan’s Copyright Law. Legislative policy from copyright point of view, the purpose of copyright is to protect the economic interests of copyright holder. Under this premise, effectively prevent copyright infringement of human behavior. In general, is the primary goal, whether the penalty should not be the main purpose.Effect of penalty is the only way to accomplish intimidation. Therefore, in line with banning, treatment effectiveness and the punishment of the convenience of legal proceedings, it is our legislative policy which pursue of the entire copyright law. With regard to validity, through administrative acts of the executive authorities, it is the best way to impose administrative penalties. As for the punishment of the perpetrator may be relief through administrative litigation. Therefore, with regard to copyright infringement, only subject to the effectiveness and convenience.There is no necessity to deal with heavy penalty. Finally, the thesis propose suggestions to Taiwan copyright system.
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Yang, Sue-Fen, and 楊淑芬. "The Criminal Responsibility of Corporal Punishment." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/35385058925939423621.
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Chuang, Wan-ting, and 莊琬婷. "The Criminal Responsibility On Fake Doctors." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/34712714923801523135.
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Lin, Yu-Jin, and 林聿蓁. "The criminal responsibility of medical malpractice." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/72s275.
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Pan, Chia-Yi, and 潘佳苡. "Reflections on the Essence of Criminal Responsibility: Reconstruction of Modern Responsibility." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/5tqzj3.
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碩士國立臺灣大學
法律學研究所
106
It is considered for granted in modern criminal responsibility theories that individual offenders are accountable for the offenses and shall accept the penalty. The main topic of this thesis is to reconsider the problem which hidden in this proposition, and to think about the question of if anyone else or the society itself should be in charge of the crime. In additional, do we have something more positive than penalty to deal with the crime problem? The concept of “free will” plays a fundamental character in the theories of responsibility. However, when reviewing the history of criminal responsibility, it could be found that in the process of constructing offense, the subject of responsibility has transferred from communities to individual offenders. Under this situation, the image of a “standard man” had been set in advance: a rational, self- disciplined human with free will to be liable for his/her own decision. Until 1960s, discussion about the essential responsibility concept were once vigorously invoked in German, yet failed to re-examine the concept of free will. In this study, it argued that the concept of free will was just a fabricate claim produced for the purpose to penalize individual offenders, and, as a result, the modern criminal responsibility theories should be revised. To replace the discussion around the essence of criminal responsibility, this study takes the approach of “constructive responsibility”. To reconstruct the new idea of responsibility, this study applies three existed concepts: the Japense original theory “strafbarer Schuld” as the frame, “the logic of basho” of Kitaro Nishida as the philosophical basis, and the “criminal post-processing function” as the purpose of penalty. In conclusion, society and others have contribute to the offense, therefore the individual offender’s own criminal responsibility should accordingly decrease, and we should reserve the non-penal aprroch to deal with the crime.