Suchergebnisse

Among the crime investigation trends that are given priority, a special role should be attached to special knowledge usage in crimes investigation. In Criminal Process Code that is currently in force in Lithuania, the following of special knowledge usage are distinguished: a specialist's participation in investigation actions, a specialist's conclusion, the expertise and the revision. In Criminal Process Codes of many countries, only one form of special knowledge usage is distinguished, i.e. expertise. In the new Criminal Process Code of Lithuania, they propose to regulate only these forms of special knowledge usage: the expertise and a specialist's participation in investigation actions. The perspectives of special knowledge usage might be subdivided into the following groups: the adjustment of legal basis, the solution of organisational issues, the preparation of specialists and the raising of their qualification, the development of technical basis. It is proposed to prepare criminalists-technicians and experts in the Law Academy of Lithuania since there are several important and considerable reasons for this. First, criminalists-technicians work in me police structure and the specialists for the structure are prepared by the Law Academy of Lithuania. Second, a well-prepared modern teaching basis is available here and a sufficient material and intellectual potential is accumulated. Currently, there are no laws in Lithuania regulating the activities of non-expert institutions carrying out expertises and the issue of licences granting the right for persons to carry out expertises. A governmental Public Coordination Service for Expertise Issues should solve this by coordinating the activities of all expert institutions, licensing expert work and organising scientific methodological activities.

Among the crime investigation trends that are given priority, a special role should be attached to special knowledge usage in crimes investigation. In Criminal Process Code that is currently in force in Lithuania, the following of special knowledge usage are distinguished: a specialist's participation in investigation actions, a specialist's conclusion, the expertise and the revision. In Criminal Process Codes of many countries, only one form of special knowledge usage is distinguished, i.e. expertise. In the new Criminal Process Code of Lithuania, they propose to regulate only these forms of special knowledge usage: the expertise and a specialist's participation in investigation actions. The perspectives of special knowledge usage might be subdivided into the following groups: the adjustment of legal basis, the solution of organisational issues, the preparation of specialists and the raising of their qualification, the development of technical basis. It is proposed to prepare criminalists-technicians and experts in the Law Academy of Lithuania since there are several important and considerable reasons for this. First, criminalists-technicians work in me police structure and the specialists for the structure are prepared by the Law Academy of Lithuania. Second, a well-prepared modern teaching basis is available here and a sufficient material and intellectual potential is accumulated. Currently, there are no laws in Lithuania regulating the activities of non-expert institutions carrying out expertises and the issue of licences granting the right for persons to carry out expertises. A governmental Public Coordination Service for Expertise Issues should solve this by coordinating the activities of all expert institutions, licensing expert work and organising scientific methodological activities.

Florida is critical to understanding the modern application of the death penalty in the United States. It has the largest active death row. It sentences more people to death than any other state. It has the worst exoneration record and executes at a rate second only to Texas. The legislative appetite for the continued use of the death penalty has resulted in the re-writing and amending of the law with a haste that has created a state of legal chaos. Florida was the first state to pass a new statute following the finding in Furman v. Georgia that the application of the death penalty was unconstitutional. Forty years on, history repeated itself in response to the finding in Hurst v. Florida that Florida's system of sentencing people to death was unconstitutional. In less than a year, history repeated once again when the Florida Supreme Court interpreted previous United States Supreme Court decisions by finding the requirement for jury unanimity in the penalty phase of a capital trial in Hurst v. State. This Article examines Florida's application of the death penalty today under its new 2016–17 statute. It highlights the dearth of empirical research into Florida's capital charging and provides an insight into research undertaken by the authors to date. Provisional findings indicate that Florida is arbitrarily and capriciously imposing death sentences, and concludes that Furman remains relevant today in Florida. A review of 1051 first-degree murder cases, in which 347 death cases were identified, indicated significant geographical variance of the application of the death penalty across the state. The variance appears to be a product of prosecutorial discretion, whether that discretion be random and inconsistent, or discriminatory selection of cases in which to seek the death penalty. Similar patterns were identified in a review of 164 death sentences between 2006 and 2016. In addition, 126 of the death cases are resentencings as a result of Hurst retroactivity. A review of the remaining 249 cases on death row revealed the extent of the arbitrary line drawn by the Florida Supreme Court in its retroactivity decisions in Mosley v. State and Asay v. State: 75% of death row was sentenced on the basis of a non-unanimous jury recommendation, yet only 40% will have their death sentences vacated and new penalty phase trials granted. Finally, the authors reflect on the difficulties in data collection and lessons learned before proposing the next steps for future research.

Historically, periods of accelerating immigration have been accompanied by nativist alarms, perceptions of threat, and pervasive stereotypes of the newcomers, particularly during economic downturns or national crises, and when immigrants have arrived en masse and differed from the native born in language, race, religion, and national origin. Stereotypes about immigrants and crime not only take root in public opinion and popular myth, but can also provide the underpinnings for public policies and shape political behavior. Such stereotypes, fueled by media coverage of singular events and reinforced in popular culture, project an enduring image of immigrant communities permeated by criminal elements. Moral panics can be spread by "agents of indignation" (the media, pundits, political figures) and propel public support for the need to "police the crisis." Immigrants are commonly stereotyped as more likely to become involved with crime and to be arrested and incarcerated. This is especially true for Mexican and Central American immigrants, who are often young men from racialized minorities with little formal education coming to work in low-wage manual labor jobs. The fact that many of these immigrants enter the country through unauthorized channels or overstay their visas is further framed as an assault against the "rule of law," reinforcing the impression that immigration and criminality are linked; and those who are deported are perceived as not only "undocumented laborers" but "criminal aliens." This article reviews research findings on immigration and crime in Southern California, and deportation and crime in El Salvador. We focus on the experiences of young adult children of immigrants, mainly Mexicans, Salvadorans and Guatemalans who together account for two-thirds or more of the undocumented immigrant population in the U.S.; and on men, including former gang members, who have been deported to El Salvador on criminal and non-criminal charges. The evidence rebuts popular myths that immigrants and deportees are more prone to criminal behavior than natives and citizens. Nationally, rates of incarceration among immigrant men are much lower than among their U.S.-born counterparts. Like crime generally, the problem of gangs in the U.S. is primarily one that involves the U.S. born, who as citizens are not deportable; and despite the aim of public policies to remove problematic "criminal" and "illegal" beings, deportation is not the end of the cycle of migration. Stereotypes endure because they serve basic defensive social functions, maintain belief consistency, and preclude cognitive dissonance; they are rooted in emotion and impervious to fact. A politics of fear, xenophobia, and hyperbolic moral indignation about "law breaking" by "illegal aliens" may help "rally the base," especially in times of rapid demographic change and perceived social and economic threats. But it is no substitute for scientific evidence and reasoned analysis in law making, formulation of policy, and the understanding of complex social problems.

Firstly, the paper aims to demonstrate the relevance and usefulness of the knowledge of Anthropology, Political Science, Economics, Ethics, Philosophy, History, Psychology and Sociology in Law School Courses in Brazil. This wide range of knowledges form part of the formative proccess in order to fulfill with the curricular guidelines introduced by the Resolution CNE nº 9/2004 of the Ministry of Education of Brazil; that is, to ensure the general, humanistic, critical and reflexive feature of legal education. The second aim pursued is focused on analizing the educational challenges faced by members of law departament in order to fulfill with curricular guidelines after ten years working. This effort represents an important work as it focuses on a tradition of a legal education model based on the commentary of legislation and its codes. Thirdly, the article aims to contextualize and challenge the theoretical teaching of the formative disciplines by presenting proposals of teaching methodologies and a evaluation focused on actual daily-life situations. ; O artigo tem por objetivo, primeiramente, demonstrar a importância e a necessidade dos conteúdos de Antropologia, Ciência Política, Economia, Ética, Filosofia, História, Psicologia e Sociologia no contexto dos Cursos de Direito no Brasil, os quais encontram-se inseridos no eixo de formação fundamental para atender a formação geral, humanística, crítica e reflexiva dos estudantes, consoante as diretrizes curriculares, introduzidas pela Resolução CNE n º.9/2004 do Ministério da Educação do Brasil. Em segundo lugar, transcorridos dez anos, fazer um levantamento dos desafios didáticos dos professores para atingir os objetivos das diretrizes curriculares, em especial considerando a tradição de um ensino jurídico baseado no comentá rio de artigos de leis ou de códigos. Em terceiro lugar, o artigo pretende apresentar propostas de me todologia de ensino, sobretudo na contextualização e a problematização do ensino teórico das referidas disciplinas que desenvolvem os ...

The implementation of international trade in the forest products that related with sustainable production and consumption cycle process include the legal regime of international trade in natural resources, the State Government exporters and importers, as well as markets in importing countries. International trade law regime is still have a weak role in preventing the illegal logging trade, hence it is required a International Law drafting concepts which can avoid illegal actions by obligating the exporters or the exporter countries with certain obligations. These efforts require a reconceptualization the relationship between trade and environment, which until now are often placed in the same dichotomy.

Swedish administrative law has not devoted much attention to the con-cepts of discretion or deference with respect to the administration. This is explained by the historically founded competence of administrative courts conducting a full review under the so-called administrative-judicial form of appeal. Here, the administrative court has the same decision-making competence as the deciding administrative authority, and thus may alter the decision in substance. This system in practice leaves the court with a number of options, including upholding, quashing or remanding the case to the administrative authority. The courts' reasoning behind these choices depends on the content of the appealed decision, the applicable legislation and the information available to the court in the case. It is also possible that the application of the legal framework is guided in part by implicit ideas ofadministrative discretion or deference to the administration. The conclusion drawn here is that legal research in this field is needed to establish principles that are more general. In contrast, the two other main forms of judicial review—municipal appeal and legal review of governmental decisions—provide a more clear-cut form of legality review. Comparative legal studies can offer insight into the theoretical and practical strengths and weaknesses of the Swedish legal system and its various forms for judicial review of administrative decisions.

El presente trabajo de grado pretende realizar un análisis concreto sobre el impacto de las recomendaciones y decisiones de los organismos internacionales de protección de derechos humanos en la justicia penal militar colombiana. El documento se hizo con base en la jurisprudencia nacional e internacional en materia de protección de los derechos humanos, en las recomendaciones emitidas por la Comisión Interamericana de Derechos Humanos; y las reformas al Código Penal Militar desde 1988. Así pues, el presente trabajo de investigación parte del análisis de fuentes secundarias, siendo importante en primer lugar hacer un análisis conceptual de la justicia penal militar la cual tiene origen constitucional y su aplicación en Colombia, y a renglón seguido se analizan los cambios que en ésta se han producido como resultado de los pronunciamientos. ; Introducción 1. Planteamiento del problema 5 2. Objetivos 6 2.1. Objetivo general 6 2.2. Objetivos específicos 6 3. Hipótesis 6 4. Justificación 7 5. Marco teórico 8 5.1. Historia y Evolución de la Justicia Penal Militar en Colombia 8 5.2 Constitución Política de Colombia 1886 frente al Fuero Penal Militar 11 5.3 Decreto 2550 de 1988 12 5.4 Ley 522 de 1999 15 5.5 Ley 1407 de 2010 17 5.6 Pronunciamientos que generaron las anteriores reformas 17 5.6.1. Organización de Naciones Unidas y la Justicia Penal Militar en Colombia 17 5.6.2. Corte Interamericana de Derechos Humanos y Justicia Penal Militar en Colombia 22 5.6.3. En referencia a lo establecido como fuero penal militar la Corte ………… ……. ………….Interamericana de Derechos Humanos se ha pronunciado frente este concepto ………….expresando que: 25 5.7. Otros pronunciamientos frente al Fuero Penal Militar 30 5.8 Reforma Constitucional del Acto Legislativo 01 del 25 de junio de 2015 40 6. Conclusiones 42 ; The present work of degree intends to carry out a concrete analysis on the impact of the recommendations and decisions of the international organisms of protection of human rights in the Colombian military criminal justice. The document was made based on national and international jurisprudence on the protection of human rights, in the recommendations issued by the Inter-American Human Rights System; and reforms to the Military Penal Code since 1988. Thus, this research work is based on the analysis of secondary sources, and it is important to first make a conceptual analysis of military criminal justice, which has its constitutional origin and its application in Colombia, and then the changes that will be analyzed in this area will be analyzed. they have occurred as a result of pronouncements.

The Court of Justice of the European Union (CJEU) delivered a judgment on October 6, 2020 in case C-66/18 following long deliberations. The case concerned an amendment to the Hungarian law on national higher education (HEA) in 2017, requiring both new and established foreign universities in Hungary (the host state) to prove that they had a physical campus in their home state and, if their host and home states failed to conclude an international treaty on the university's operation in Hungary within a period of six months, they were forced to close and leave the Hungarian market. Of the 24 established foreign university programs in Hungary in 2017, one was particularly affected by the new requirement: an American university operating in Hungary, whose founder was at odds with the Hungarian Government, was forced to stop admitting students.

On May 27, 2014, the Grand Chamber of the European Court of Human Rights rendered its judgment in the case of Marguš v. Croatia. The applicant, who had served in the Croatian Army, was convicted of war crimes in 2007, following an earlier decision in 1997 to grant him amnesty for these crimes. A majority of the Grand Chamber drew on Articles 2 and 3 of the European Convention of Human Rights (the Convention) and general international law to argue that Article 4 of Protocol No. 7 of the Convention (the right not to be tried or punished twice) was inapplicable in these circumstances and that the applicant's claim on this point was inadmissible. The Grand Chamber also ruled that there had been no violation of Article 6 of the Convention (the right to a fair trial).

The North American Free Trade Agreement between Canada, Mexico, and the United States (NAFTA) entered into force on January 1, 1994. Chapter Eleven of NAFTA contains provisions governing investment protection and investor-state arbitration. In general, NAFTA provides investors of one of the parties protections for their investments in another NAFTA party, guaranteeing: treatment at least as good as that of host or third country investors (NAFTA articles 1102-1104); treatment in accordance with the minimum standards of customary international law (NAFTA article 1105); and compensation for expropriation (NAFTA article 1110). NAFTA article 1139 defines "investment" broadly but excludes contracts for the sale of goods or services. After meeting specified threshold requirements, such an investor has the right to international arbitration against the host state to vindicate these protections.

Over the past two decades, the United Nations General Assembly has adopted a number of principles concerning the conduct of international relations. In the preambular paragraphs of the declaration annexed to this resolution, specific principles are reaffirmed. They are: the Declaration on Principles of Interna-tional Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations [9 I.L.M. 1292 (1970)], the Definition of Aggression [13 I.L.M. 710 (1974)], and the Manila Declaration on the Peaceful Settlement of International Disputes [21 I.L.M. 449 (1982)]. The Declaration for 6n the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force is the culmination of 10 years of work, and represents the most recent set of guidelines.

In enacting section 1605(a)(1) of the FSIA, Congress manifestly intended that an arbitration agreement should constitute a waiver of foreign sovereign immunity. The legislative history expressly mentions as examples of implicit waivers "cases where a foreign state has agreed to arbitration in another country or where a foreign state has agreed that the law of a particular country should govern a contract." H. Rep. No. 94-1487 at 18. To date, only one other court has had occasion to interpret and apply the waiver provision of section 1605(a)(1) with respect to the enforcement of foreign judgments, and it reached the same result as the court below, viz., that an agreement to arbitrate in a third country constitutes a waiver of foreign sovereign immunity.