Mediation as an alternative to criminal prosecution: Ideology and limitations.

1978 ◽  
Vol 2 (3) ◽  
pp. 223-244 ◽  
Author(s):  
William L. F. Felstiner ◽  
Lynne A. Williams
Keyword(s):  
Criminal Prosecution

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

THE CRIMINAL PROSECUTION IN ENGLAND

1960 ◽  
Vol 2 (2) ◽  
pp. 225-226
Author(s):  
Fred Kaufman
Keyword(s):  
Criminal Prosecution

O JULGAMENTO DE ANIMAIS NA OBRA DE E. P. EVANSANIMAL JUDGMENTS IN THE WORKS OF E. P. EVANS

2018 ◽  
Vol 10 (20) ◽  
Author(s):  
Felipe Cittolin Abal
Keyword(s):  
Capital Punishment ◽  
Criminal Prosecution

O presente artigo trata a respeito dos julgamentos de animais ocorridos especialmente entre os séculos XIV e XVI conforme exposto na obra do estudioso estadunidense E. P. Evans “The Criminal Prosecution and Capital Punishment of Animals”. Através da análise de preceitos filosóficos, do disposto pelo autor e também pelo estudo de um exemplo trazido por Evans em que Gaspard Bailly expunha como deveriam ser conduzidos os processos contra animais, é possível observar que, apesar de tais julgamentos serem eivados de contradições, a Igreja Católica, instituição julgadora, não poderia se furtar de decidir a respeito dos casos, utilizando-os como demonstração da força divina, da importância da Igreja e da necessidade de cumprimento dos preceitos religiosos.

scholarly journals “Progressive” Criminalization? A Sociological and Criminological Analysis Based on the German “No Means No” Provision

2021 ◽  
Vol 22 (5) ◽  
pp. 817-832
Author(s):  
Ralf Kölbel
Keyword(s):  
Social Policy ◽  
Criminal Policy ◽  
Policy Discourse ◽  
Criminal Prosecution ◽  
Sexual Interaction ◽  
Sexual Offenses ◽  
Essential Question ◽  
Penal Law ◽  
Criminological Analysis

AbstractThe “no means no” model has been applied in Germany since November 10, 2016. Its introduction has considerably extended the scope of criminalized forms of sexual interaction. This Article examines the criminal policy discourse that gave rise to it and the question of whether the new provisions have led to the changes in the practices of criminal prosecution proclaimed in advance. The results will be critically assessed. The new legislation relating to sexual offenses was also shaped on the initiative of groups perceiving themselves as emancipatory, and in the understanding of these groups, the “no means no” provision acts as “progressive” criminalization. Yet, aside from the fact that the associated expectations have hardly been met as of yet, this movement would have to resolve an essential question: Is penal law compatible with a “progressive” social policy they claim to stand for at all, and if so, what conditions does it have to meet?

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