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Dissertations / Theses on the topic 'Manslaughter'
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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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Nouwens, Tanya. "A profile of women who commit murder and manslaughter." Thesis, University of Ottawa (Canada), 1992. http://hdl.handle.net/10393/7924.
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Hebert, Jasmine. "Homicide Waiting to Happen: Sacrifice and Corporate Manslaughter Law in the UK." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/37298.
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The original purpose or motive of the sacrifice, rooted in ceremonious or religious acts, was as a gift to a centralized power that ensured a common good or prosperity. In modern capitalist society, sacrifice is about “a willingness to sacrifice short-term gains for long-term gains” (Keenan 2005: 11) of freedom and fortune. What is concealed in this propaganda is that true freedom and prosperity is mostly restricted to a few exceedingly privileged and powerful individuals – and every year, these ‘short-term’ sacrifices include the millions of lives of the disciplined and altruistic workers that the system supposedly admires. Within this context, in recent years a growing recognition of the social and economic harms that corporations are capable of causing, specifically against workers and members of the public, led to the development of laws in several countries aimed at corporate manslaughter and corporate criminal liability. However, despite these legal advancements, the law continues to fail at protecting the victims of corporate harm and wrongdoing, and to adequately hold corporations and their actors accountable for their crimes. This research asks the following question: what role does corporate manslaughter law play in the reproduction of sacrifice and, in the process, violence and capitalist hegemony? This is done by interrogating the introduction and enforcement of corporate manslaughter law in the United Kingdom and the struggle for corporate criminal accountability from the socio-historical perspective of advanced neoliberal capitalism. Employing a theoretical lens that draws together literatures on sacrifice, law, and violence, this research shows that the law (re)produces particular understandings of sacrifice and violence that benefit the powerful, therein normalizing death and dying at work as the natural and largely unavoidable costs of modern employment relations. The research concludes that, to better address the systemic violence faced by workers, we must consider a restructuring of the legal enterprise and the ‘common sense’ understandings of sacrifice, violence, and harm that accompany it.
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Conway, Jacinta Mary. "Defending women who kill : an examination of the defences to murder and their failure to reflect the circumstances in which women kill." Thesis, University of Ulster, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.342414.
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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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Patman, C. A. "Turning points of corporate manslaughter reform in England and Wales from 1912 to 1999." Thesis, University of Salford, 2018. http://usir.salford.ac.uk/48327/.
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Since the first attempt to indict a corporation for gross negligence manslaughter in the 1920’s, legal reform surrounding corporate manslaughter has been discussed in political and legal arenas. This research answers the question of whether turning points of corporate manslaughter reform in England and Wales were inhibited by reasons of marked similarity between 1912 and 1999. This will be achieved using a legal research strategy that embraces doctrinal law, legal history and archival research which will in turn establish seven turning points of corporate manslaughter reform. By addressing the events and disasters that occurred around these seven turning points of corporate manslaughter reform, it will be shown that there are consistent reasons of marked similarity which inhibited corporate manslaughter reform in the twentieth century. The outcome of these findings is used to set out the methodological and epistemological stance taken through the reasons of marked similarity involving judicial reasoning and the use of post-disaster reactive legislation, associated with corporate manslaughter reform. Reasons of marked similarity inhibited the type of legal reform considered at the expense of other opportunities which would have reflected the changing corporate structure of the twenty-first century. The impact of those reasons of similarity on preferred change resulted in the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 in April 2008.
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Jacobs, Alexandra. "Will the new offence of corporate manslaughter motivate companies to prioritise safety over profit?" Thesis, University of Birmingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.633204.
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This thesis examines the current law and the new offence of corporate manslaughter alongside the health and safety regulations. This thesis contributes to the debate in three ways. Firstly, it assesses the current law and questions whether the new offence of corporate manslaughter will be effective in making companies prioritise safety over profit. Secondly, it evaluates the Health and Safety at Work Act 1974 and examines the ability of the Health and Safety Executive to be proactive and to provide a deterrent in advance of potential law breaking, whilst asking whether the solution might lie not in the reform of the crime of manslaughter but rather in enforcing a much tougher regulatory regime of health and safety. Thirdly, it considers the UK construction industry together with the contractual procurement methods in use, drawing on empirical data gathered through in-depth interviews with senior construction industry personnel and representatives from the Construction Workers Union (UCATT), the Institute of Directors (loD) and the Royal Society for the Prevention of Accidents (RoSPA). There has been no substantial research that has sought to examine, as the author intends to do, injuries and deaths at work from a company perspective within two different contexts: the criminological and regulatory, whilst drawing on original empirical findings. Furthermore, scarce academic attention has been paid to the proposed new offence of corporate manslaughter. It is intended that this thesis will fill that gap and provide an up-to-date innovative contribution to the future development of this area of law.
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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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Donnally, Jennifer M. Hall Jacquelyn Dowd. "Abortion on trial the pro-life movement and the Edelin manslaughter case, 1973-1975 /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,2202.
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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2008.Title from electronic title page (viewed Jun. 26, 2009). "... in partial fulfillment of the requirements for the degree of Master of Arts in the Department of History." Discipline: History; Department/School: History.
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Evans, Jessica. "Corporate criminal liability for manslaughter - The need for reform to combat workplace death and serious injury." Thesis, Evans, Jessica (2002) Corporate criminal liability for manslaughter - The need for reform to combat workplace death and serious injury. Honours thesis, Murdoch University, 2002. https://researchrepository.murdoch.edu.au/id/eprint/40931/.
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The high incidence of workplace death and serious injury in Western Australia must be addressed. Workplace health and safety law aims to reduce workplace death and serious injury, Compensate victims and their families, and rehabilitate surviving victims. Currently in Western Australia, the law's reductive goal is not optimally furthered. Criminal law offers a distinctive contribution to this goal. Only through criminal law can be dangerous corporate conduct causing workplace death or serious injury be denounced and recognised as morally wrong. Such recognition, together with stringent criminal sanctions, would more extensively deter corporations from conducting themselves in a manner that dangers their workers. Western Australian law regarding corporate criminal liability is gravely inadequate; reform is essential to combat workplace death and serious injury. It does not provide principles of criminal responsibility that are capable of rational application to corporations; its criminal negligence provisions have only restricted application to to workplaces; and it provides only limited sanctions in the unlikely event of conviction. Legal developments in other jurisdictions offer valuable direction to Western Australia. This paper examines two legal developments; the recent English proposals, which propose to introduce a substantive offence of "corporate killing" and revised corporate criminal responsibility principles in relation to this offence, and the recently operational Commonwealth Criminal Code 1995, which sets a basic standard of corporate responsibility that applies to all federal offences. The precise form that law reform should take is a complex question that must be considered by the law reform commission or a similar agency with the resources and expertise to tackle it. Corporate criminal liability reform is essential for Western Australian law to combat workplace death and serious injury most effectively.
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Wild, Kate (Kathryn Elizabeth) Carleton University Dissertation Journalism and Communication. "An ideological analysis of the news discourse surrounding the ban on publication of the Karla Teale manslaughter trial." Ottawa, 1994.
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Laverick, Craig. "Enforcing the ISM Code, and improving maritime safety, with an improved Corporate Manslaughter Act : a safety culture theory perspective." Thesis, University of Central Lancashire, 2018. http://clok.uclan.ac.uk/23768/.
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The International Safety Management (ISM) Code was introduced in 1998 in response to a number of high-profile maritime disasters, with the aim of establishing minimum standards for the safe operation of ships and creating an enhanced safety culture. It was the first piece of legislation introduced by the International Maritime Organisation that demanded a change in the behaviour and attitude of the international maritime community. Whilst there is no doubt that the ISM Code has been successful at improving maritime safety, there is now an increasing problem with complacency. The aim of this thesis is to consider how complacency with the ISM Code in the UK can be tackled by using reformed corporate manslaughter legislation. This thesis adopts a Safety Culture Theory approach and uses a multi-model research design methodology; a doctrinal model and a socio-legal model. The thesis hypothesis and the author's proposed corporate manslaughter reforms are tested through case studies and a survey. The thesis proposes the introduction of secondary individual liability for corporate manslaughter, in addition to existing primary corporate liability. If the proposed provisions were to be implemented, a gap in the law would be filled and, for the maritime industry, both the ship company and its corporate individuals would be held accountable for deaths at sea that are attributable to non-implementation of the ISM Code. It is suggested that this would deter further ISM complacency and so encourage the ISM Code’s intended safety culture. This thesis contributes to the intellectual advancement of the significant and developing interplay between criminal and maritime law, by adding to the scholarly understanding of the safety culture operating within the international maritime community, and examining how corporate manslaughter legislation could be used to improve implementation of the ISM Code. It offers sound research for consideration by legal researchers and scholars, and also by those working within the field of maritime safety regulation.
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Mack, Jill. "Exploring process and outcomes of a therapeutic homicide bereavement service." Thesis, University of Wolverhampton, 2015. http://hdl.handle.net/2436/618576.
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There is growing evidence investigating the aftermath of homicide on those families bereaved. The literature suggests a potentially devastating emotional and psychological impact on family members and loved ones. Despite this, the research focused on developing and empirically evaluating service provision and clinical interventions for this population is sparse and lends its focus to support groups (Blakley & Mehr, 2008) and family therapy (Hatton, 2003). The aim of the current thesis is to conduct an evaluation of a service that provides therapeutic interventions with those bereaved by homicide. It will present a mixed methods approach, utilising thematic analysis of interviews with staff members and quantitative analysis of service user’s psychological distress outcomes. Finally, based on key findings presented, implications for future research, policy development and practice are included.
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Allan, Stuart. "The Corporate Manslaughter and Corporate Homicide Act 2007 or the Health and Safety (Offences) Act 2008 : corporate killing and the law." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7376/.
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This thesis examines the regulatory and legislative approach taken in the United Kingdom to deal with deaths arising from work related activities and, in particular, deaths that can be directly attributed to the behaviour of corporations and other organisations. Workplace health and safety has traditionally been seen in the United Kingdom as a regulatory function which can be traced to the very earliest days of the Industrial Revolution. With an emphasis on preventing workplace accidents and ill-health through guidance, advice and support, the health and safety legislation and enforcement regime which had evolved over the best part of two centuries was considered inadequate to effectively punish corporations considered responsible for deaths caused by their activities following a series of disasters in the late twentieth and early twenty-first centuries. To address this apparent inadequacy, the Corporate Manslaughter and Corporate Homicide Act 2007 was introduced creating the offence of corporate manslaughter and corporate homicide. Based on a gross breach of a relevant duty of care resulting in the death of a person, the Act effectively changed what had previously considered a matter of regulation, an approach that had obvious weaknesses and shortcomings, to one of crime and criminal law. Whether this is the best approach to dealing with deaths caused by an organisation is challenged in this thesis and the apparent distinction between ‘criminal’ and ‘regulatory’ offences is also examined. It was found that an amended Health and Safety at Work etc. Act 1974 to include a specific offence of corporate killing, in conjunction with the Health and Safety (Offences) Act 2008 would almost certainly have resulted in a more effective approach to dealing with organisations responsible for causing deaths as consequence of their activities. It was also found that there was no substantive difference between ‘regulatory’ and ‘criminal’ law other than the stigma associated with the latter, and that distinction would almost certainly disappear, at least in the context of worker safety, as a consequence of the penalties available following the introduction of the Health and Safety (Offences) Act 2008.
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Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.
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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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Thompson, William Anthony. "Factors associated with intimate partner homicide in a West Australian context." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2021. https://ro.ecu.edu.au/theses/2420.
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Domestic Violence (DV) is prevalent within Australian society with one in four women experiencing some form ofDV (ABS 2017) in their life. The Australian homicide rate is about 250 deaths per year, of which 52% are domestic related (Virueda & Payne 2010). Domestic homicides include Intimate Partner Homicide (IPH), where the victim and offender shared, or formerly shared an intimate relationship (for example married, defacto and ex partners; Bryant & Cussen 2015). This study analysed the factors of West Australian (WA) IPHs from 2012-2017 inclusive. The aim was to identify aetiologies of IPH offending across ethnicity and gender to understand causes and implications ofIPH in WA. This research conducted two studies to achieve this: Study 1 constituted a systematic review of IPH research. The rationale for Study 1 was to situate the findings of Study 2 within the c9ntext of WA, national and international IPH research. Study 2 used a multiple case study design, using content analysis to examine WA Police Force IPH investigation case files and associated databases. The study examined 59 IPHs for the period 2012-2017 inclusive (N=59).
Study 1 and Study 2 both found the majority of IPHs involve a male offender and female victim. Male IPH offenders are generally found to have criminal records, including records of prior violence and histories of intimate partner violence (IPV) with the IPH victim. Motives of the male IPH offender commonly revolve around issues of jealousy and sexual proprietariness. Both studies indicate female IPH offenders generally commit IPH as a means to escape ongoing IPV. Study 2 found this trait salient amongst Aboriginal female offenders. However, both studies found evidence to suggest female IPH offenders may also be IPV offenders, subject to the same issues of jealousy and sexual proprietariness observed in male IPH offenders. Both studies identified alcohol use as a key factor of IPH, with significant findings relating to alcohol use by offenders and victims at the time of IPH. Both studies found a relationship between geographical location and IPH, with rurality representing a greater risk ofIPH through a lack ofDV services, remoteness of location and associated social and cultural issues. Both studies identified attempts to leave, or recent separation from violent relationship, represent high risk of IPH. Informal cohabitating relationships present as the relationships with the greatest risk of IPH, marriage appears to have protective attributes, whilst divorced relationships represent the lowest risk of IPH.
The findings of Study 2 also suggested the aetiology of the IPH offender varies across gender and cultures. Aboriginal people are over-represented as IPH offenders and victims, and are influenced by cultural violence, alcohol misuse, rurality and mental health issues. The major implication derived is that as offender aetiologies differ across offender gender and culture, DV services need to be tailored according to gender and culture to reduce IPV and IPH. A second major implication of the study is that health factors such as mental health issues and alcohol and drug use are significant factors of IPH.
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DE, NINO FRANCESCO. "La responsabilità da reato dell'ente in materia di salute e sicurezza del lavoro. Profili problematici e prospettive di tutela." Doctoral thesis, Università Cattolica del Sacro Cuore, 2012. http://hdl.handle.net/10280/1232.
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L’oggetto specifico della ricerca è costituito dalle previsioni legislative sulla responsabilità degli enti collettivi per i reati di omicidio colposo e lesioni colpose commessi con violazione delle norme sulla tutela della salute e sicurezza del lavoro. L’indagine analizza la novità normativa in questione, alla luce delle previsioni del t.u. 81/2008, nel quadro generale della responsabilità penale in materia di salute e sicurezza del lavoro e della responsabilità da reato dell’ente. A tale fine, individuato il problema “empirico” degli infortuni sul lavoro e delle malattie professionali e il potenziale criminogeno degli enti collettivi e focalizzata l’attenzione sulle risposte giuridiche invalse in Inghilterra, Francia e Spagna, partendo dall’analisi della responsabilità individuale per i reati di omicidio e lesioni sul terreno della sicurezza del lavoro si procede alla disamina dei rapporti fra i reati presupposto di cui all’art. 25 septies e i criteri generali d’imputazione della responsabilità dell’ente e ad un’analisi specifica dei modelli di organizzazione in materia di sicurezza del lavoro. Infine, vengono tracciate possibili linee di evoluzione del sistema di tutela della salute e della sicurezza del lavoro e dell’assetto della responsabilità da reato dell’ente, anche avendo riguardo alle proposte di legge di modifica del d.lgs. 231/2001.The research specifically focuses on the statutory provisions on corporations’ liability for offenses of manslaughter and unintentional injuries committed in breach of the rules on protection of work health and safety. The survey analyses the new legislation in this area, in light of the provisions of Italian t.u. 81/2008, within the framework of criminal liability in work health and safety and the related corporate accountability. To this end, having identified the "empirical" problem of work accidents and diseases and the criminal potentiality of corporate bodies, and based on the assessment of the legal responses formulated in England, France and Spain, the research - starting from the analysis of individual liability for crimes of homicide and injury in the field of work safety – proceeds, on one hand, to consider the relationship between the offenses referred to in article 25 septies and the general criteria of attribution of corporate responsibility; on the other, to specifically analyse the business models in the field of work safety. Finally, the research draws the possible trends of development of the health protection and work safety system, and of the legal regime of corporate liability arising out from offenses; in this respect, the statutory proposals for amending the D.Lgs. 231/2001 are also taken into account.
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DE, NINO FRANCESCO. "La responsabilità da reato dell'ente in materia di salute e sicurezza del lavoro. Profili problematici e prospettive di tutela." Doctoral thesis, Università Cattolica del Sacro Cuore, 2012. http://hdl.handle.net/10280/1232.
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L’oggetto specifico della ricerca è costituito dalle previsioni legislative sulla responsabilità degli enti collettivi per i reati di omicidio colposo e lesioni colpose commessi con violazione delle norme sulla tutela della salute e sicurezza del lavoro. L’indagine analizza la novità normativa in questione, alla luce delle previsioni del t.u. 81/2008, nel quadro generale della responsabilità penale in materia di salute e sicurezza del lavoro e della responsabilità da reato dell’ente. A tale fine, individuato il problema “empirico” degli infortuni sul lavoro e delle malattie professionali e il potenziale criminogeno degli enti collettivi e focalizzata l’attenzione sulle risposte giuridiche invalse in Inghilterra, Francia e Spagna, partendo dall’analisi della responsabilità individuale per i reati di omicidio e lesioni sul terreno della sicurezza del lavoro si procede alla disamina dei rapporti fra i reati presupposto di cui all’art. 25 septies e i criteri generali d’imputazione della responsabilità dell’ente e ad un’analisi specifica dei modelli di organizzazione in materia di sicurezza del lavoro. Infine, vengono tracciate possibili linee di evoluzione del sistema di tutela della salute e della sicurezza del lavoro e dell’assetto della responsabilità da reato dell’ente, anche avendo riguardo alle proposte di legge di modifica del d.lgs. 231/2001.The research specifically focuses on the statutory provisions on corporations’ liability for offenses of manslaughter and unintentional injuries committed in breach of the rules on protection of work health and safety. The survey analyses the new legislation in this area, in light of the provisions of Italian t.u. 81/2008, within the framework of criminal liability in work health and safety and the related corporate accountability. To this end, having identified the "empirical" problem of work accidents and diseases and the criminal potentiality of corporate bodies, and based on the assessment of the legal responses formulated in England, France and Spain, the research - starting from the analysis of individual liability for crimes of homicide and injury in the field of work safety – proceeds, on one hand, to consider the relationship between the offenses referred to in article 25 septies and the general criteria of attribution of corporate responsibility; on the other, to specifically analyse the business models in the field of work safety. Finally, the research draws the possible trends of development of the health protection and work safety system, and of the legal regime of corporate liability arising out from offenses; in this respect, the statutory proposals for amending the D.Lgs. 231/2001 are also taken into account.
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Mesmin, d'Estienne Jeanne. "Le droit public et la mort." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020039.
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L'intérêt d'une étude sur la mort découle des contradictions qui l'affectent car seuls les vivants pouvant être créateurs de normes et titulaires de droit, la mort en droit public est par définition un droit des vivants. La mort, prise en considération par le droit public, est un prisme sous lequel se dévoile la construction de l'Etat tout en révélant les lacunes et les fragilités du droit face au mystère de la condition humaine. Oscillant entre une conception de la mort perçue comme un néant et des projections individuelles et collectives conférant, malgré tout, une valeur à la personne et à la vie humaine avant et par-delà le décès, le droit tout en s'émancipant de la religion ne s'est pas déparé complètement de toute dimension "sacrée" et l'Etat doit se confronter à ces projections individuelles et collectives face à la mort. Si l'on a assisté en l'espace de moins d'un siècle à un basculement d'un devoir de ne pas tuer à une obligation de protéger la vie à laquelle la norme juridique fait très largement écho, la nouvelle maîtrise de la vie humaine permise par les avancées scientifiques et médicales transforme également l'expression souveraine de l'Etat. Se voyant reconnaître un pouvoir de protection de la vie, c'est désormais sur la condition biologique des individus elle-même que le droit public étend ses ramificationsThe interest of a study about death comes from the contradictions that affect it. Only the living can create laws and regulations: by definition, death in public law is the law of the living. Death, as managed by public law, is a prism which reveals the construction of the State but also uncovers gaps and weaknesses in the law to deal with the mystery of human condition. The law swings back and forth between a conception of death seen as nothingness and individual and collective beliefs giving nevertheless value to the person and human life before and beyond death. While freeing itself from religion, the law has not completely lost any"sacred" dimension and the State must face these individual and collective beliefs about death. In less than a century, there has been a shift from “do not kill” to an obligation to “protect life”; this shift is now widely integrated in modern law. Scientific and medical advances allow a new control of human life and also change the sovereign expression of the state. Public law is now in charge of a life protection duty and starts to integrate rules about the biological condition of human people itself
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Salon, Aurélie. "Opportunités et limites du recours au droit pénal en matière de protection de la santé et de la sécurité au travail." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D051.
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La protection de la santé et de la sécurité des travailleurs implique l’existence et la mise en œuvre concrète d’un dispositif pénal efficace, touchant non seulement les auteurs à l’origine directe d’accidents du travail et de maladies professionnelles, mais aussi toute personne qui indirectement, faute d’avoir respecté la réglementation du travail, a créé les conditions de réalisation du risque professionnel. Pour optimiser le recours au droit pénal en matière de santé et de sécurité au travail, ses limites doivent être mises en évidence. Les incohérences et déséquilibres affectant l’action des décideurs, acteurs principaux de la prévention des risques professionnels, pourraient être corrigés afin de maximiser les opportunités offertes par le droit pénalThe protection of workers' health and safety requires the existence and practical implementation of an effective criminal system, focusing not only on the direct authors of work accidents and occupational diseases but also on any person who, by failing to comply with employment regulations, has indirectly created the conditions for the materialisation of occupational risks. To optimize the use of criminal law in the occupational health and safety field, its limitations must be identified. Inconsistencies and imbalances affecting the action of decision-makers, who are the main actors in the prevention of occupational risks, could be addressed in order to maximise the opportunities the criminal law has to offer
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Venc, Jan. "Trestný čin vraždy a zabití podle § 140, § 141 tr. zák." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436085.
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Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract This thesis is focused on crimes of murder and manslaughter under Act No. 40/2009 Coll., Criminal Code. The aim of the thesis is to deliver a complex analysis of crimes of murder and manslaughter under section 140, 141 of the Criminal Code and evaluate them de lege ferenda. The thesis is divided into five chapters. The first chapter is dedicated to the historical development of intentional killings regulation in the premises of today's Czech Republic. In particular, the attention is brought to the Austrian Penal Act from 1852 all the way up to the adaptation of the present Criminal Code of the Czech Republic. The second chapter is focused on actus reus of the crime of murder and manslaughter. Both of these crimes are of special significant object - the human life. This chapter's focus is also dedicated to the beginning and the end of human life from the perspective of criminal law. The third chapter focuses on the analysis of the crime of murder and its systematization under the present Criminal Code. Within this chapter, the simple murder and premeditative murder are outlined from which is murder with forethought and murder after prior consideration further defined. The significant part of this chapter is the description...
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Klíč, Jakub. "Trestný čin vraždy a zabití podle § 140, § 141 tr. zák." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-448948.
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- Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...
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Kučera, Petr. "Trestný čin vraždy a zabití podle § 140, § 141 TZ." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-330757.
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This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...
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Černý, Ondřej. "Trestný čin vraždy a zabití podle § 140, § 141 tr. zák." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-348679.
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Resumé The goal of this thesis is to analyse corpora delicti of the crimes of murder and manslaughter according to sections 140 and 141 of the Criminal Code, evaluate their present application by Czech courts, and to point out possible solutions to some problematic or unclarified questions. In the beginning, the thesis concerns itself with historical development of intentional homicides in the Czech country with emphasis on great codifications of 18th and 19th century. Subsequently, the interest shifts onto the question of human life as an object of intentional homicides. The core of the thesis is a thorough analysis of the crimes of murder and manslaughter, their mutual relation, and systematic incorporation in the Criminal Code. After that, there follows a short comparative assessment of the same topic in French law according to Code pénal. Then, attention is paid to developmental stages of mentioned crimes. The chosen topic is methodologically addressed in a way that every subtopic is first examined from the doctrinal theoretical point of view, and then treated in the light of judicial practice. Thus, it is presented how Czech practise of the courts interprets the written law with emphasis on terms and features that have not been used in Czech law so far. The result of this thesis is mainly the discovery...
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Krs, Matyáš. "Trestný čin vraždy a zabití podle § 140, § 141 tr. zák." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-388895.
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This thesis deals with the crimes of murder and manslaughter which are regulated under section 140 and 141 of the effective criminal code. The main objective of this thesis is to perform an analysis of the bodies of the mentioned crimes with the help of specialised literature and case law. This thesis is divided into seven parts further split into chapters and points. The first part, which is focused on the historical development of the examined crimes, especially in the period from the foundation of the independent Czechoslovakia to the moment of the enactment of the current criminal code, is split into two chapters. The dividing line between these chapters is the "legal biennial," more precisely the moment of the enactment of the criminal code from 1950 that unified and simplified the existing regulation of the intentional killings as well as the substantive criminal law as a whole. The second part is also divided into two chapters and it places the crimes of murder and manslaughter into a wider context of the first head of the special part of the criminal code and of the systematics of the intentional killings as well. The third part of this thesis is focused on the object (protected value) of the crimes of murder and manslaughter, which is the human life, more precisely the part of the human...
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Junek, Martin. "Trestný čin vraždy a zabití podle § 140, § 141 tr. zák." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-372579.
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My thesis deals with crimes of murder and manslaughter under section of 140, 141 Czech criminal code. The main goal is to analyse obligatory and facultative facts of these crimes, especially by using legal literature and tens of judicial decisions. However, this goal is not easy to achieve if the reader is not properly familiar with general issues concerning the topic. Therefore, some of more general topics are necessary part of my thesis as well. A short introduction in the beginning is followed by a chapter dedicated to human life. Human life is protected object of both discussed crimes, murder and manslaughter. What needs to be properly understood is where a human life begins and ends. Man can be only killed only if his or hers life had begun as perceived by criminal law. The chapter is focused on the majority understanding of the beginning of a new life of the legal experts (to which I also lean towards) but the minority opinion is briefly mentioned as well. The end of human life is even more important because killing another person is the merit of the concerned crimes. However, the end of the human life is mostly quite clear and it is not usually questioned by legal experts. The second more general chapter is determined to introduce the historical development of the legal regulation of the...
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Honzík, Jakub. "Trestný čin vraždy a zabití podle § 140, § 141 tr. zák." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-353351.
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(ENG) Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code The main objective of this work is to provide a comprehensive analysis of the codification of crimes of murder and manslaughter. The last recodification from the year of 2009 brought some significant changes into the area of intentional killings, the most important of which is an increased differentiation in the typology of these crimes. The Czech criminal code now differentiates between murder, premeditated murder and manslaughter. These changes can be seen as part of an effort by the Czech legislature to modernize the criminal law along the lines of legal systems typical in Western Europe. On the other hand, it can also be argued that the new Czech codification preserves its unique approach to certain problems. This thesis analyzes individual parts of sections of the Czech criminal code concerned with murder and manslaughter in a systematic manner. The first chapter deals with the historical context of intentional killings as well as providing an analysis of the new arrangement. Chapter two follows by introducing features common along all three types of intentional killings, specifically the actus reus of the crime. The following chapters then describe the different approaches towards intentional...
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Rossmannová, Kateřina. "Trestný čin vraždy a zabití podle § 140 TZ, § 141 TZ." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-323093.
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CRIME OF MURDER AND CRIME OF MANSLAUGHTER ACCORDING TO § 140 TZ, § 141 TZ The topic of my thesis is the crime of murder (§ 140) and the crime of manslaughter (§ 141 of the Criminal Code). These are the most serious crimes directed against human life. As the topic of human life is very important for my work, the first chapter is focused on the description of the legal regulation of the protection of human life in the terms of Czech and international regulation as well as on definition of the beginning and the end of human life. In this chapter I have also included the infanticide. In the next chapter I dealt with the constituent elements of the crime of murder and manslaughter. Separately, I spoke about the object, the physical element, the subject and the mental element of these crimes. In the section discussing the object I focused on the subject of attack and on the victim, too. Under the discussion about the subject I tried to define the subject of the crime of murder. The fourth chapter is devoted to the classification of crimes of murder and manslaughter under the valid Criminal Code and to comparison of new and old conception of these crimes arising from the new and the old Criminal Codes valid in the Czech republic. The following chapter is focused on the crime of murder. In this chapter I...
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Mrkvanová, Veronika. "Smrt, vražda, zabití jako mediální téma." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-299924.
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Death, Murder, Manslaughte As a Medial Topic The subject of this diploma thesis is the analysis of the texts which concern violent death. Printed media articles and articles from news portals on the internet are being analysed. The work focuses on the manner death is presented and how the picture of the dead and of the manslayer is created. How the words "murder" and "manslaughter" alternate in various cases, their euphemisms and their relationship to reality is being researched. The method of stylistic and content analysis are being used.