LLM Thesis criminal law
157874233
THE IMPERATIVES OF INTERNATIONAL CRIMINAL TRIBUNALS AND INTERNATIONAL CRIMINAL COURT ON CRIME OF GENOCIDE
A THESIS SUBMITTED TO THE POSTGRADUATE SCHOOL, AHMADU BELLO UNIVERSITY, ZARIA IN PARTIAL FULFILMENT FOR THE AWARD OF MASTER OF LAWS LLM, FACULTY OF LAW AHMADU BELLO UNIVERSITY, ZARIA. MAY, 2011
Halima Ikuji Alfa
148777494
In Memoriam
We were deeply saddened to learn of Dr Riccardo Montana's untimely death in January 2017; many readers of the journal will be aware of his work in in the field of comparative criminal procedure. Riccardo obtained his first degree in Law from the University of Pavia (Italy) in 2003, before completing an LLM at Cardiff Law School in 2005. Here he went on to pursue doctoral research under the supervision of Professors Stewart Field and David Nelken. Riccardo's research was based on a socio legal study exploring the working practices of the Italian prosecutor, and was based on 50 interviews with prosecutors and other legal practitioners. During the course of this project, he began to develop an abiding interest in comparing criminal justice. More specifically, he sought to use the concept of legal cultures to understand the way crime control agencies in different jurisdictions respond and adapt to legal and social forces. Riccardo defended his thesis with great verve and passion in February 2009. Having already worked as a tutor at Cardiff Law School and Homerton College, Cambridge University, he took up his first academic post as a lecturer at Kingston University. He was appointed to a lectureship at City Law School in 2011. Here he founded the Crime Justice and Society Research Group, which subsequently evolved into the Centre for Crime and Justice Research. Riccardo was also coordinator of the Research Training Programme for the School's PhD students, and introduced a very popular module on Criminal Justice on the LLB programme. Staff at City remember a bright and discerning scholar who supported and inspired his students and was widely respected and popular among his colleagues. Promoted to Senior Lecturer in 2016, Riccardo made a profound contribution to the School during his six years of service. A gifted cultural mediator, Riccardo's visiting lectures at the University of Macerata in Italy were highly appreciated by the students there. While his academic career was cut tragically short, his legacy as a fast rising researcher will continue to illuminate the field for many years to come. His research in comparative criminal justice was original and ambitious, combining rigorous empirical methodology with a deep understanding of legal theory and comparative legal method. He published inter alia in the Criminal Law Forum (Montana, 2009a) the European Journal of Crime, Criminal Law and Criminal Justice (Montana, 2009b; 2012) and more recently in Evidence and Proof (Montana, 2016) At the time of his death, he was in the final stages of a book on the role of Italian prosecutors set in a comparative context, which he was sadly unable to complete. For those who worked with him, he was a supportive colleague who was very determined, serious and intellectually ambitious about what he did. Riccardo's many friends in London, Cardiff, Italy and beyond remember a generous, thoughtful and sociable man who had a strong social conscience. He enjoyed sports (particularly football, basketball and rugby) politics, good food and good wine. Above all, he truly valued friendship and family, and lived his life with compassion and dignity. Our thoughts are with his parents, his wife Nadia, and his young daughter Sofia (born in November 2015)
Mauro Barelli Andrew L -T Choo Jonathan Doak Stewart Andrew Field John D Jackson David Nelken
154499449
COMPENSATION IN MURDER CASES: OWAMBO CUSTOMARY LAW
A practice developed in some communities in Namibia whereby any person who has caused the death of another person is ordered to pay compensation, irrespective of whether or not that person has been tried and convicted in the state criminal courts. It is because of this practice therefore that there are now divergent views among members of the public that compensation paid in murder cases in terms of Owambo customary law is double punishment. Therefore, the main objective of this study was to examine whether compensation paid in terms of Owambo customary law in cases that are triable by the state criminal courts is a punishment, and whether such payment is in conflict with Article 12 (2) of the Constitution of Namibia which prohibits a person to be tried and punished twice for the same offence. Emphasis was placed on the payment of compensation in murder cases in terms of Owambo customary law.
Llm Thesis
216203350
Analysis of State Court Of Batang Decision Number: 4 Pid.Sus 2018 Pn Btg on Felony Obscenity Crime Based On Islamic Criminal Law
In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation. Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 Pid.Sus 2018 PN Btg About felony obscenity According to Islamic Criminal Law" In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis. At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 Pid.Sus 2018 PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim. Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law
Bagus Langgeng Prasetiyo Gunarto Gunarto Munsharif Abdul Chalim
218554865
[MENTAL DISORDER AS A CIRCUMSTANCE WHICH INFLUENCES THE RESPONSIBILITYOF A PERSON UNDER THE LEGISLATION OF UKRAINE AND INTERNATIONAL CRIMINAL LAW]
The aim of this research was to obtain a new scientific result in the form of theoretically substantiated thesis on the effect of mental disorders on criminal responsibility under the legislation of Ukraine and in international criminal law. To achieve this goal and to justify the results obtained, general scientific and special methods were used. The comparative method was used in the process of comparing the legislation of Ukraine with the norms of international criminal law; the logical legal method was used in the analysis and interpretation of legal norms that envisage the release from criminal responsibility and the application of compulsory medical measures, the sociological method in the research of criminal proceedings and questioning of investigators. Based on the study, specific proposals have been formulated to improve the norms of criminal and criminal procedural legislation, which envisages the procedure of release from criminal responsibility and the application of compulsory medical measures.
Georgian medical news
Oksana M Bronevytska Viktoriia Rohalska A Teteryatnyk
216154285
Penal Mediation as Alternative Dispute Resolution: A Criminal Law Reform in Indonesia
In the minor crime, the solving of cases process through formal process in the court is the process that is taking much cost and long time is not suitable with detriments of the crime impact, these all are contrary with the principal fast, simple and unexpensive judicature. Writing this thesis aims to know the legal certainty of implementing Penal Mediation as an Alternative Dispute Resolution and prospects of applying Alternative Dispute Resolution in the Indonesian Criminal Justice System. The approach used in this research is a qualitative research approach that produces descriptive data in the form of people's written or oral words and observable behavior. The type of research that will be used in this research is doctrinal research. Penal mediation is an alternative form of resolving disputes outside the court (commonly known as ADR or "Alternative Dispute Resolution" and some call it "Appropriate Dispute Resolution" Penal mediation for the first time is known in positive legal terminology in Indonesia since the issuance of KAPOLRI No. Pol: B 3022 XII 2009 SDEOPS dated December 14, 2009 concerning Handling Cases through Alternative Dispute Resolution (ADR) even though they are partial. In essence, the principles of mediation of the penalties referred to in this KAPOLRI letter emphasize that the settlement of criminal cases using ADR, must be agreed by the parties that litigate, but if there is no new agreement resolved in accordance with applicable legal procedures in a professional and proportional manner. Keyword: Penal Mediation, Restorative Justice, Alternative Dispute Resolution Submitted: 13 November 2019, Revised: 23 January 2020, Accepted: 27 January 2020 Journal of Law and Legal Reform (2020) 1(2) pp. 369 380. DOI: https:/doi.org/10.15294/jllr.v1i2.35406. ISSN (Print) 2715 0941, ISSN (Online) 2715 0968 370 JOURNAL OF LAW LEGAL REFORM VOLUME 1(2) 2020 (c) Author(s) This work is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 International License Published by Postgraduate Program, Master of Laws, Faculty of Law, Universitas Negeri Semarang, Indonesia TABLE OF CONTENTS ABSTRACT 369. 369 TABLE OF CONTENTS 370 INTRODUCTION 370 METHOD 371 LEGAL CERTAINTY APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION 372 PROSPECTS OF APPLYING ALTERNATIVE DISPUTE RESOLUTION IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM 375 CONCLUSION 377 REFERENCES 378
Anggi Anggraeni
147750253
TO THE THESIS ON THE SYSTEMIC NATURE OF AN ENGLISH TERM ILLUSTRATED THROUGH THE CRIMINAL LAW TERMINOLOGY
Recently, the number of terminological research has increased significantly; it refers to research of both natural sciences and humanities terminology. The latter should include the English criminal law terminology considered in this work. One of the major reasons for this phenomenon can be identified as the need of any country in training highly qualified employees who, along with deep knowledge of their profession, would be able to work in the global environment and therefore be proficient in the foreign languages, which also means knowledge of professional terminology in these languages. However, despite the fact that a growing number of studies has been recently done on various issues of terminology, including the systemic nature of terms in various sciences, the English terminology of criminal law has not been sufficiently studied, which creates a considerable scope for the research. This paper considers the thesis on the systemic nature of these terms through studying the following phenomena: interdetermination of terms, realization of genus species relations, synonymic and antonymic relations. As the result of the analysis it was discovered that well developed genus species relations of criminal law terms, as well as the developed synonymy in this terminology and clearly defined relations of the opposites confirm the thesis of the systemic structure of the of terminology. It is also noted that a synonymic chain may have a certain length, and the antonymic relations are expressed in lexis and morphology. More over, the work analyzes one more specific feature of this terminological system multiple meaning of a term which is considered by some researches to be the negative linguistic phenomenon. The author reviews the researches on this issue and draws the main conclusions on the number of multiple meaning and monosemantic terms.
Elena Sergeyevna Kapshutar
204895776
LLM Thesis for the Research Master in Law
Egbert Koops
214635243
Criminal Law Corruption Mode of Allocation of Village Fund
ADD (allocation of village funds) fraud is a form of corruption. This is based on the formulation of corruption acts as formulated in the law. What are the problems in writing this thesis are: 1. What are the factors that cause the mismanagement of Village Fund Allocation? 2. What is the form of corruption in the village funds budget? The research method in this paper is empirical normative research. Normative legal research is legal research that examines written law from aspects of theory, history, philosophy, comparison, structure and composition, scope and material, general explanations from article by article. Empirical research is an unwritten positive law research on the behavior of community members in the relationship of community life. The results of the study show that, the Factors That Cause the Disruption of Village Fund Allocation Management are, not the involvement of the community in the planning and supervision of village funds. Limited competence of village heads and village officials. Not optimal role of village institutions, directly or indirectly. High political costs due to the competitive arena of village head elections. The form of corruption in the village fund budget is, mark up prices, false reports, borrowing village funds, deducting village funds, fictitious business trips, mark up honorariums, mark up office stationery payments, tax evasion, purchasing personal office inventory, budget cuts public, do "kongkalingkong" make fictitious projects whose funds are charged from village funds.
Marsudi Utoyo Rianda Riviyusnita
211398671
Pushing the boundaries of International Criminal Law: A case study of the repatriation of Rohingya Muslims from Bangladesh to Myanmar
The scale of atrocities perpetrated against refugees and migrants around the globe demands our urgent attention. Yet, triggering of individual criminal responsibility in situations of mistreatment of refugees and migrants is certainly not the norm. The purpose of this thesis is to challenge the existing notions that only crimes related to armed conflict and other related situations of violence fall under the 'the most serious crimes of concern to the international community. Although the crimes perpetrated against refugees and migrants are condemned and perceived as atrocious in the context of international human rights law (IHRL) when put into the context of international criminal law (ICL) they become invisible. Since August 2017, more than 700,000 Rohingya Muslims have fled the violence in Western Myanmar across the international border to Bangladesh. In November 2018, the two countries signed the agreement on the repatriation of Rohingya Muslims to Myanmar. This agreement is highly problematic from an international law stand point. The chances of voluntary repatriation are slim due to a very clear opposition from the Rohingya Muslims, as the conditions for a safe return do not exist. The repatriation would not only violate the fundamental international principle of non refoulement, it would also create conditions that may amount to international crimes, more precisely crimes against humanity of deportation. This thesis investigates under what circumstances would repatriation of Rohingya Muslims from Bangladesh to Myanmar amount to deportation as a crime against humanity under the ICC Statute? (Less)
Jasmina Drekovic