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International audience ; This article traces the rise and fall of psychiatric evaluation in criminal trials from the School of Criminal Anthropology of the late nineteenth century to the current Italian justice system. Influenced by positivism and by specific theories on human evolution, Cesare Lombroso considered criminal action as the result of organic causes excluding any kind of legal autonomy and responsibility of the accused. The Positive School of Penal Law he founded with Enrico Ferri and Raffaele Garofalo profoundly inspired the Rocco Code, on which the current Italian Penal Code is still based, albeit with revisions and repeals. Drafted in 1930 during the fascist government (1922-1943), the latter has also suffered from racial ideology. In order to assess potential mental illnesses that would exclude the responsibility of the accused, to determine their level of dangerousness and to establish the corresponding security measures introduced by the Rocco Code, Italian criminal justice consolidated the link between penal law and psychiatric instruments. Such faith in psychiatric evaluation, however, has been particularly questioned by the increasing frequency of judicial processes involving members of different cultural communities in Italy since the 1970s. Thus, the predominantly pathological aspects evaluated by forensic psychiatrists have often proved to be conceptually and methodologically inadequate to take fully into account the differences between cultures, as well as the different social and cultural conditions affecting the defendant's behaviour. This paper argues that cultural anthropology is particularly suited as an instrument capable of disclosing the cultural implications of the legal process and encourages the use of cultural expertise as an important tool for the inclusiveness and understanding of diversity.

International audience ; This article traces the rise and fall of psychiatric evaluation in criminal trials from the School of Criminal Anthropology of the late nineteenth century to the current Italian justice system. Influenced by positivism and by specific theories on human evolution, Cesare Lombroso considered criminal action as the result of organic causes excluding any kind of legal autonomy and responsibility of the accused. The Positive School of Penal Law he founded with Enrico Ferri and Raffaele Garofalo profoundly inspired the Rocco Code, on which the current Italian Penal Code is still based, albeit with revisions and repeals. Drafted in 1930 during the fascist government (1922-1943), the latter has also suffered from racial ideology. In order to assess potential mental illnesses that would exclude the responsibility of the accused, to determine their level of dangerousness and to establish the corresponding security measures introduced by the Rocco Code, Italian criminal justice consolidated the link between penal law and psychiatric instruments. Such faith in psychiatric evaluation, however, has been particularly questioned by the increasing frequency of judicial processes involving members of different cultural communities in Italy since the 1970s. Thus, the predominantly pathological aspects evaluated by forensic psychiatrists have often proved to be conceptually and methodologically inadequate to take fully into account the differences between cultures, as well as the different social and cultural conditions affecting the defendant's behaviour. This paper argues that cultural anthropology is particularly suited as an instrument capable of disclosing the cultural implications of the legal process and encourages the use of cultural expertise as an important tool for the inclusiveness and understanding of diversity.

Intro -- Contents -- Combating Crime in the Digital Age: a Critical Review of EU Information Systems in the Area of Freedom, Security and Justice inthe Post-Interoperability Era Challenges for Criminal Law and Personal Data Protection -- Abstract -- Keywords -- Introduction* -- Part 1. Systematic Approach on the Information Systems Employed for the Purpose of Preventing and Combating Serious Crime within the Area of Freedom, Security and Justice -- 1 The Systems Falling under the Scope of the Research Project: a Concise Overview of Their Scope and Objective -- 1.1 Decentralised Systems -- 1.2 Centralised Systems -- 2 Systematic Review of Elements Significant from a Criminal Law Perspective -- 2.1 Types of Personal Data Collected -- 2.2 Access to Data for Law Enforcement Purposes -- 2.3 Brief Remarks of Significance to Criminal Law -- 3 The Interoperability Regulation -- 4 National Transposition-the Example of the Greek Legal Order -- 5 Main Points of Concern -- Part 2. Evaluation of the EU Framework on the Collection, Processing and Exchange of Personal Data for Criminal Law Purposes: Principles, Limitations and Safeguards -- 6 Defining the Criminal Law Purposes Served by the Collection, Processing and Exchange of Personal Data -- 7 Principles, Rights and Limitations that Stem from Data Protection Legislation -- 7.1 Data Protection Principles: the Legal Framework in the Case of EU Information Systems -- 7.2 Lex Specialis: Safeguards Contained in the Legal Acts Setting Up and Regulating the Information Systems -- 7.3 Lex Generalis: Safeguards Contained in Broader EU Legislation -- 8 Principles Related to Criminal Procedure -- 9 Principles and Rights Related to the Precognitive Paradigm of Criminal Law -- 9.1 The EU Information Systems and the Emerging Precognitive Paradigm of Criminal Law.

Introduction : intelligence of a future day -- Overcoming disillusionment with international law / John Dugard -- Re-imagining international law : what might have been, what might be / Michael Wood -- Change in international law / Arnold Pronto -- Fragmentation and fertilisation of international law / Giuditta Cordero-Moss -- The role of private (international) law in achieving the sustainable development goals / Hans van Loon -- Does the United Nations have a future? If so, what may that be? / Malcolm Shaw -- The role of the UN in the codification and progressive development of international law / Attila Tanzi -- Pluralism in international organizations / Ian Johnstone -- Multilateralism in the United Nations / Raja Karthikeya -- The role of public diplomacy in the modern world / Alan Henrikson -- Re-imagining the United Nations Security Council / Vesselin Popovski -- Re-imagining the European institutions / Maria Stoicheva -- International Law in Indian Courts / Gopal Subramanium -- The role of International Law in the United Kingdom / Peter Goldsmith -- Plurality of international legal proceedings in an era of multiple courts and tribunals / Laurence Boisson de Chazournes -- Pursuit of domestic remedies for claims in international law / Vasuda Sinha -- Rethinking humanitarian and human rights institutions for Asia / Sergey Sayapin -- Ecocide as an international crime : options and choices / Christina Voigt -- Public interest in investment arbitration : the rapid ascent of human rights, labour law and environmental law / Monica Feira Tinta -- Re-visiting the Kulbhushan Jhadav Case : due process in international law / Harish Salve -- Family Law : British and Indian Perspective / William Longrigg & Anil Malhotra -- Ukraine : a sunset or a new dawn for international law? / Upendra Baxi -- Transformation of international law through the outlawry of war / Oona Hathaway and Scott Shapiro -- From legal ambiguity and strategic clarity to legal clarity and strategic ambiguity / Charles Sampford -- Sovereignty as responsibility : understanding the legal parameters of the veto power / Jennifer Trahan -- In Memoriam : Judge James Crawford / Freya Baetens -- In Memoriam : Judge Antônio Trindade / Paula Almeida -- In Memoriam : Soli Sorabjee / Ankit Malhotra.

Robbery is one of the most serious criminal offences, its more serious forms belonging to the group of the most serious criminal offences in general. Robbery is a complex criminal offence consisting of theft and constraint, while its more serious forms comprise the criminal offence of bodily injury or murder. According to our criminal law this criminal offence occurs when a criminal, caught in the act of theft, in order to retain the stolen thing uses force or threat of force against some person's life or body. In criminal legislation of other countries this criminal offence is defined in a similar way, although there are differences in the way this criminal offence is determined and in specification of its elements. As a consequence, some criminal codes treat this criminal offence as a separate criminal offence, some treat it as a special form of theft, some as a form of robbery, while some speak of it together with the criminal offence of robbery within the same article. In addition, there are differences regarding regulation of the character of the used threat, depending on the fact weather any kind of threat is sufficient for the existence of such criminal offence, or only a threat to attack life or body. There are also differences concerning the objective to be attained by means of force or threat. Usually it is the intention to retain the stolen thing, but some criminal codes speak also of intention of the criminal to escape. It has to be kept in mind that in criminal legislation there also are differences regarding the definition of the concept of theft, the concept used in case of this criminal offence too, according to whether theft is conceived as taking away of someone else's movable thing, or also by intention of its appropriation or by intention to acquire unlawful material benefit for oneself or for others. A certain number of criminal codes prescribe as more serious forms of robbery cases when a person has suffered serious bodily injury or has been murdered. ; Krivično delo razbojničke krađe je jedno od najtežih imovinskih krivičnih dela, a njegovi teži oblici spadaju u najteža krivična dela uopšte. Razbojnička krađa je složeno krivično delo koje se sastoji od krivičnog dela krađe i krivičnog dela prinude, a njegovi teži oblici sadrže i krivično delo telesne povrede odnosno krivično delo ubistva. U našem krivičnom pravu ovo krivično delo je određeno tako što ono postoji kada je učinilac krivičnog dela krađe zatečen na delu, pa u nameri da ukradenu stvar zadrži upotrebi protiv nekog lica silu ili pretnju da će neposredno napasti na život ili telo. Na sličan način ovo krivično delo je predviđeno i u krivičnim zakonicima drugih zemalja, s tim da među njima postoje razlike u pogledu načina određivanja ovog krivičnog dela, kao i u pogledu preciziranja njegovih elemenata.