Academic literature on the topic 'Private prosecutions'
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Journal articles on the topic "Private prosecutions":
Mujuzi, Jamil Ddamulira. "The Right to Institute a Private Prosecution." International Human Rights Law Review 4, no. 2 (November 13, 2015): 222–55. http://dx.doi.org/10.1163/22131035-00402006.
Mujuzi, Jamil Ddamulira. "Private Prosecutions in Kenya." African Journal of Legal Studies 11, no. 1 (June 11, 2018): 33–70. http://dx.doi.org/10.1163/17087384-12340027.
Mujuzi, Jamil Ddamulira. "Private Prosecutions in Mauritius: Clarifying Locus Standi and Making the Director of Public Prosecutions more Accountable." African Journal of Legal Studies 10, no. 1 (August 18, 2017): 1–34. http://dx.doi.org/10.1163/17087384-12340016.
Mujuzi, Jamil Ddamulira. "Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (June 26, 2016): 107–34. http://dx.doi.org/10.1163/15718174-24032088.
Mujuzi, Jamil Ddamulira. "Protecting Animals from Mistreatment through Private Prosecutions in South Africa: A Comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)." Journal of African Law 61, no. 2 (May 8, 2017): 289–304. http://dx.doi.org/10.1017/s0021855317000146.
Mujuzi, Jamil Ddamulira. "Private prosecution of intellectual property rights infringements in Singapore." Queen Mary Journal of Intellectual Property 9, no. 4 (December 2019): 484–89. http://dx.doi.org/10.4337/qmjip.2019.04.07.
Mujuzi, Jamil Ddamulira. "Private Prosecution in Nigeria under the Administration of Criminal Justice Act, 2015." Journal of African Law 63, no. 2 (June 2019): 225–50. http://dx.doi.org/10.1017/s0021855319000184.
Prestidge, Anna. "Private Prosecutions in New Zealand - A Public Concern?" Victoria University of Wellington Law Review 50, no. 1 (June 3, 2019): 107. http://dx.doi.org/10.26686/vuwlr.v50i1.5555.
Elson, Kent. "Taking Workers’ Rights Seriously: Private Prosecutions of Employment Standards Violations." Windsor Yearbook of Access to Justice 26, no. 2 (October 1, 2008): 330. http://dx.doi.org/10.22329/wyaj.v26i2.4549.
Kim, David Daewhan. "The Current State of Opioid Prescribing and Drug Enforcement Agency (DEA) Action Against Physicians: An Analysis of DEA Database 2004-2017." Pain Physician 3;23, no. 6;3 (June 14, 2020): E297—E304. http://dx.doi.org/10.36076/ppj.2020/23/e297.
Dissertations / Theses on the topic "Private prosecutions":
Masumba, Walyemera Daniel. "The investigation and prosecution of corruption in Uganda." University of the Western Cape, 2021. http://hdl.handle.net/11394/8343.
This study analyzed the investigation and prosecution of corruption in Uganda. The study assessed the phenomena of corruption and how it can create an unjust society. It also examined the legal framework governing the investigation and prosecution of corruption in Uganda. The study thereafter discussed the institutional framework governing the investigation and prosecution of corruption in Uganda and its limitations. It further appraised the legal framework governing the private prosecution in Uganda. It also dealt with the possibility of using private prosecutions to fight corruption, where public institutions charged with the duty are weak or have been compromised by an undemocratic environment within which they are situated.
Stankevičienė, Monika. "Kaltinimo formos pakeitimo baudžiamajame procese teorinės ir praktinės problemos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2010~D_20140625_182507-48784.
Theory and practice‘s analysis let aproach to a change of prosecution form in a problematic aspect. In the law doctrine the problems of a change of a prosecution form are not imposed, but as a practical matter, both issued by practitioners themselves, that this topic should focus on - primarily by bringing problems to light, and then solving them. Useful for both the current law relating to private public and especially the private prosecution institutions review, more detailed regulation, or at least the interpretation, and attempt to shape a different practice. This work examines Lithuanian, German, Norwegian and Russian prosecution forms enshrined in criminal proceeding. Discussed in detail the characteristics and conditions for a change of prosecution form. This theoretical analysis leads to practical problems that are limited by the Lithuanian criminal proceeding. Much attention is paid to an uncertainty of "public interest" and treatment of "unability to defend one‘s legitimate interests for valid reasons". Public private and private prosecution acts are under consideration and the appropriateness of criminal proceeding in two prosecution forms consistently is assessed.
Andriuškaitė, Ramunė. "Įrodinėjimo ypatumai nagrinėjant privataus kaltinimo bylas pirmosios instancijos teisme." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090129_095400-63176.
Private prosecution proceedings are included in criminal proceeding law systems of many states. The key peculiarity of this form of proceedings: the aggrieved party is the key actor of the criminal proceedings, so the run and the results of the examination of the case depend on the will and the activities of the said party. The purpose of the said form of criminal proceedings – to ensure an affective protection of rights and interests of the aggrieved person, to extend the rights of an aggrieved person as a subject of criminal proceedings, to strengthen its status in criminal proceedings. However, the practice of investigation of private prosecution proceedings at courts of first instance shows that implementation of justice by this form of criminal proceedings comes into collision with difficulties – the averment-related activities. In the Paper, the process of averment in private prosecution case is analyzed striving to establish the peculiarities of the averment and to single out the problems met by a private prosecutor while executing the indictment function. For this purpose, 154 criminal cases investigated by Vilnius Circuit Court No. 3 in the years 2005-2007 according to the procedure of private prosecution were examined. In the Part One, the theoretical conception of the institute of private prosecution, its evolution and regulation in Lithuanian and foreign laws on criminal proceedings are analyzed; the key properties of private prosecution that can impact the... [to full text]
Schiavi, Mauro. "Nova leitura dos princípios do direito processual do trabalho." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/5779.
The present thesis approaches the principles of the labourite prosecution, initiating, firstly, from the analysis of the law proceedings constitutional principles, and its impacts on the origin of the labourite prosecution, as well as its primordial institutes. The text starts with the analysis of the concept of principles, from the general theory of law, such as the modern trends of the doctrine. Later, the law proceedings constitutional principles and its impacts on several aspects of the labourite prosecution are studied. Thereafter, the questions about the autonomy of the labourite prosecution will be studied, just as the problematic of its principles, supporting the scientific autonomy of the labourite procedural law. Finally, the specific principles of the labourite prosecution are studied, supporting a new reading from the law proceedings constitutional principles and from the modern methods of constitutional interpretation, emphasizing the need of accomplishment, justice on the proceeding and its reasonable duration. The thesis supports the autonomy of the labourite procedural law, but with a very intense approximation of the law proceedings constitutional principles and of the civil procedural law
A presente tese aborda os princípios do processo do trabalho, partindo, primeiramente, da análise dos princípios constitucionais do processo, e seus impactos na principiologia do processo do trabalho e também de seus institutos fundamentais. O texto parte da análise do conceito de princípios, a partir da teoria geral do direito e também das modernas tendências da doutrina. Posteriormente, são estudados os princípios constitucionais do processo e seus impactos em diversos aspectos do processo do trabalho. Após, são estudadas as questões da autonomia do processo do trabalho, bem como a problemática de seus princípios, defendendo-se a autonomia científica do direito processual do trabalho. Por fim, são estudados os princípios específicos do processo do trabalho, defendendose uma nova leitura a partir dos princípios constitucionais do processo e dos modernos métodos de interpretação constitucional, destacando-se a necessidade de efetividade, justiça do procedimento e duração razoável do processo. A tese defende a autonomia do direito processual do trabalho, mas com aproximação muito intensa com os princípios constitucionais do processo e com o direito processual civil
Nory, Yoshanloey Jafar. "Essai sur les finalités punitive et réparatrice des responsabilités civile et pénale en droit français et iranien." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10024.
The contemporary distinction did not prevent the civil and criminal liability to move toward a practical reconciliation in both French and Iranian law. We have show that restorative function of the civil liability can add up to a punitive function that is embodied the “private punishment” and the repressive function of criminal liability create a restorative function called “criminal restitution”. Through the pronouncement of damages officially compensated but objectively punitive, the Courts are able to repress behaviors which they consider to be punishable. Thus, the formalization of punitive damage seems not onlypossible, but also extremely useful. At the same time, criminal liability develops an undeniable restorative dimension, making it possible to ensure the repair of all the heads of damages suffered by a victim or to further discourage the illegal situation. The restitution is thus used as a tool for repression. Graft prosecution, it becomes a way of relieving the courts and contracting of the criminal trial. Incorporated into the sentence, it allows individualizing the criminal sanction. The two modes of liability must come together in a coherent perspective of legal liability so that justice is done with a social dimension
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Pas de résumé en anglais
Rabut, Gaëlle. "Le préjudice en droit pénal." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0173/document.
The notion of prejudice habitually falls within the boundaries of civil law. As a traditionaland inescapable feature of this discipline, prejudice is today sparking off heated debates amongspecialists. Confronted with this new trend, criminal law experts can rightfully wonder about the placeof prejudice in criminal law. If the concept is little used in this law area, it is nonetheless not totallyunknown. However, the study of prejudice in criminal law will have to prove the irrelevance of thisnotion in that regard. This difference between civil and criminal law can be accounted for by thedistinct purposes of these two areas of the law. Whereas civil law aims at seeking redress for harminflicted on individuals, criminal law is guided by the imperative need to protect general interestthrough the maintenance of law and order.Thus, prejudice does not fall within the scope of the criminal offence theory. It is neither taken intoaccount in the process of defining offences by the lawmaker nor in the classification of the offence bythe trial court. Prejudice is not a constituent part of the infringement and thus is not tantamount to itsoutcome. Furthermore, the notion of prejudice plays a limited role in the theory of criminal lawprocedure. If prejudice appears as a condition governing the admissibility of a civil action brought incourt it is because it is perceived as a legal action for damages, for the sole purpose of monetarycompensation. On the other hand, prejudice is not a condition for criminal proceedings with thepurpose of punishing the offence
Lin, Rui-Yang, and 林瑞陽. "A Study on Private Prosecution." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/21399061970247045004.
東吳大學
法律學系
95
With several renovations of the code of criminal procedure, the private prosecution system has been changed significantly in recent years. The principle of giving the priority to private prosecution was reversed in 2000, and hereafter the public prosecution have ranked higher than private prosecution. Three years later, with the introduction of compulsory private prosecution, plaintiffs has been required to be presented by a lawyer, which results in the break of private prosecution system. Private prosecution used to be the traditional ways for criminal suits. However, it is obvious that legislators attempt to restrict the power of private prosecution, and the academics advocate for public prosecution in the amendment to the code of criminal procedure these years. Furthermore, authoritative academic works have indicated that the right of private prosecution is not the core concept of the litigation and should not be protected by the article 16 th of the Constitution. Private prosecution system is not only to protect the rights of the victims, but also to prevent the prosecutors from violating the law or abusing the power of nonprosecution. Although the abatement of private prosecution system is a long-disputed issue, it is worthy of being discussed again. Base on the discussions above, this thesis tracks the latest development of the practice of private prosecution after the new law comes into force. In addition, with reference to the foreign legislation, I propose some ideas for revising the current private prosecution system so as to achieve a win-win balance between private prosecution system and the protection right which is guaranteed by the Constitution. In conclusion, I believe the rights of the victims and the defendants should be equally and effectively protected; both parties should be entitled to exercise all these given rights as well. Therefore, in consideration of abuse prevention, the right for private prosecution should not be restricted. Moreover, there is no excuse for reducing the victim’s rights in the name of saving jurisdiction resources. The access to trial is the right of the people which should be protected in law and shall not be deprived for any reason.
Wen-Hong, Yang, and 楊唯宏. "A study on private prosecution amendment from the essence of victim`s prosecution right." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/13143654531498251267.
chen, Chen-chi, and 陳振吉. "The study of compulsory aqent system of private prosecution." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/13071448460524742696.
Books on the topic "Private prosecutions":
Jackson, Simon. Private prosecutions: Private prosecution of environmental offences. London: Environmental Law Foundation, 1995.
Law Reform Commission of Canada. Private prosecutions. Ottawa, Canada: The Commission, 1986.
Law Reform Commission of Canada. Private prosecutions. Ottawa: Law Reform Commission of Canada, 1986.
Law Reform Commission of Canada. Private Prosecutions: Criminal Law. S.l: s.n, 1986.
Dewhurst, Eileen. A private prosecution. Garden City, N.Y: Published for the Crime Club by Doubleday, 1987.
Dewhurst, Eileen. A private prosecution. London: Collins, 1986.
Dewhurst, Eileen. A private prosecution. South Yarmouth, Ma: J. Curley, 1988.
Okagbue, Isabella E. Private prosecution in Nigeria: Recent developments and some proposals. Lagos, Nigeria: Nigerian Institute of Advanced Legal Studies, 1991.
Fanizza, Lucia. Delatori e accusatori: L'iniziativa nei processi di età imperiale. Roma: "L'Erma" di Bretschneider, 1988.
Brenner, Matthias Richard. Der Einfluss von Behörden auf die Einleitung und den Ablauf von Zivilprozessen: Ein Weg zur Durchsetzung und Bewährung privater Rechte und Institutionen? Berlin: Duncker & Humblot, 1989.
Book chapters on the topic "Private prosecutions":
Kirchengast, Tyrone. "Private Prosecution." In The Victim in Criminal Law and Justice, 23–56. London: Palgrave Macmillan UK, 2006. http://dx.doi.org/10.1057/9780230625778_2.
SWAIGEN, JOHN, ALBERT KOEHL, and CHARLES HATT. "Private Prosecutions Revisited:." In Environment in the Courtroom, 240–61. University of Calgary Press, 2019. http://dx.doi.org/10.2307/j.ctvbd8hx9.22.
Slapper, Gary. "The Nature and Development of the Private Prosecution." In Organisational Prosecutions, 19–39. Routledge, 2017. http://dx.doi.org/10.4324/9781315188430-2.
Sprack, John, and Michael Engelhardt–Sprack. "Prosecutors." In A Practical Approach to Criminal Procedure. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198843566.003.0006.
Freedman, Eric M. "The Criminal Prosecution Strands of Restraints on Government." In Making Habeas Work, 50–55. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479870974.003.0008.
"PRECEDENTS FOR HACKNEY CARRIAGE AND PRIVATE HIRE PROSECUTIONS." In Henriques & Winter on Local Authority Prosecutions, 537–56. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144403-41.
Boutros, Andrew. "Australia." In From Baksheesh to Bribery, 11–59. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0002.
Jones, Lucy. "1. The Nature of English Law." In Introduction to Business Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198766261.003.0001.
Jones, Lucy. "1. The Nature of English Law." In Introduction to Business Law, 3–15. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824886.003.0001.
Friedman, David. "Private Prosecution and Enforcement in Roman Law." In Roman Law and Economics, 327–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198787211.003.0021.
Conference papers on the topic "Private prosecutions":
Zhdanova, Yana Vladimirovna. "ACTUAL PROBLEMS OF INITIATION OF CRIMINAL CASES ON CRIMES OF PRIVATE PROSECUTION IN THE RUSSIAN FEDERATION: THEORY AND PRACTICE." In VIII Международная научно-практическая конференция «Инновационные аспекты развития науки и техники». KDU, Moscow, 2021. http://dx.doi.org/10.31453/kdu.ru.978-5-7913-1176-4-2021-68-73.
Stelmakh, V. Y., and P. Titov. "Prospects for Developing Private Prosecution in Criminal Proceedings in the Russian Federation." In XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200321.082.