'Exclusive' Criminal Jurisdiction over UN Peacekeepers and the UN Project(s) on Criminal Accountability: A Self-Fulfilling Prophecy?

2014 ◽  
Author(s):  
Zsuzsanna Deen-Racsmmny
Keyword(s):  
Criminal Jurisdiction

AVIATION AND CRIMINAL JURISDICTION

2020 ◽  
Author(s):  
Viktoriia Sysoieva ◽  
Natalia Semchuk
Keyword(s):  
Criminal Jurisdiction

A IMPRESCINDIBILIDADE DO JUIZ DAS GARANTIAS PARA UMA JURISDIÇÃO PENAL IMPARCIAL: REFLEXÕES A PARTIR DA TEORIA DA DISSONÂNCIA COGNITIVATHE IMPERATIVE OF THE JUDGE OF GUARANTEES FOR AN IMPARTIAL CRIMINAL JURISDICTION: REFLECTIONS FROM THE THEORY OF COGNITIVE DISSONANCE

2017 ◽  
Vol 8 (16) ◽  
Author(s):  
Aury Lopes Jr. (PUC/RS) ◽  
Ruiz Ritter (PUC/RS)
Keyword(s):  
Cognitive Dissonance ◽  
Criminal Jurisdiction

O trabalho analisa a figura do juiz das garantias na perspectiva de inserção no siste-ma jurídico brasileiro na Reforma do Código de Processo Penal. Pretende demons-trar a incompatibilidade entre a figura do juiz prevento e a imparcialidade jurisdicio-nal, a partir da jurisprudência do Tribunal Europeu de Direitos Humanos e também da Teoria da Dissonância Cognitiva, comprovando a imprescindibilidade do juiz das garantias.

Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Mental Illness ◽  
Learning Disability ◽  
Developmental Disorder ◽  
Criminal Offence ◽  
Legal Process ◽  
England And Wales ◽  
Criminal Jurisdiction ◽  
Communication Impairment ◽  
The Law ◽  
Law Commission

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.

Juristische Wahrheit

2021 ◽  
Author(s):  
Falko Maxin
Keyword(s):  
19Th Century ◽  
Legal Theory ◽  
Social Knowledge ◽  
Important Process ◽  
Criminal Jurisdiction ◽  
Procedural Law ◽  
History Of ◽  
Theory Of Evidence ◽  
The 19Th Century

The mechanics of the "legal theory of evidence", which dominated German procedural law until the second half of the 19th century, was intended to render the truth of a circumstance to be proven calculable by means of legal rigour and arithmetic consistency. How can we explain in retrospect its seemingly abrupt replacement by the judge´s "free consideration of evidence" according to his subjective conviction as we know it today? Does this indicate something fundamental having changed in the nature and significance of the judge's knowledge of facts? Did a post-Kantian understanding of truth together with an altered conception of social knowledge play a role in this important process in the history of justice? By using the example of civil and criminal jurisdiction, this study examines these questions in its search for "legal truth" - and in doing so outlines a history of the theory of evidence in the 19th century.

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