Suchergebnisse

Calls for the realignment of fairness and the rights of the accused in procedural decision-making in international criminal trialsExamines what the jurisprudence and academic literature mean for legal procedure in practiceWeaves insights from original interviews with international criminal judges and lawyers into the analysisAnalyses primary texts from the ICTY and the ICC, including the statutes, Rules of Procedure and Evidence and RegulationsIncludes case studies on disclosure, the use of adjudicated facts and the protection of witnesses – issues that are integral to the operation of rights in international criminal trialsControversial cases such as the Karadžić trial and the Bemba acquittal have highlighted the importance of fairness in international criminal trials. Through an in-depth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Sophie Rigney shows that there is a clear separation between fairness and rights in practice. Rigney demonstrates the various ways that fairness is invoked in international criminal law decisions – ways that are not always consistent, and are frequently at odds with defendants' rights. She builds a new theoretical framework for understanding the concept and application of fairness and rights in international trials. In this way, she offers new paths for solving the problems currently plaguing those researching, designing, practising, adjudicating and being judged by international criminal law

The objective of the article was to assess the semiotics of law in modern philosophical and legal research. Recently, semiotic scientific research on the analysis of legal reality has become increasingly relevant, its demand is explained by the active search for meta-legal foundations for the integration of modern legal theory. The research carried out in the proposed article is applied using dialectical, systemic structural, genetic, and other methods, which allows us to affirm that interdisciplinary studies of law from the point of view of semiotics compete with many other approaches and contribute to solving important problems of philosophical and legal ciencias. It is conceptually concluded that the semiotics of law has direct and indirect organic relations with all the main subdisciplines of the philosophy of law: legal ontology, epistemology, anthropology, axiology, and praxeology, and represents one of the interdisciplinary approaches to law. The importance of semiotic analysis of the problems of legal reality is emphasized, which demonstrates the logic of its construction, systemic and structural connections, reveals the internal mechanisms and symbolic patterns of its development.

CUADERNOS DE POLÍTICA CRIMINAL. NRO. 124 -- PÁGINA LEGAL -- ÍNDICE -- SECCIÓN ESTUDIOS PENALES -- CULPABILIDAD EN CABEZA PROPIA (...) -- DESOBEDIENCIAS Y OBEDIENCIAS EN EL CÓDIGO (...) -- LIMITACIONES DE LA INTERVENCIÓN PENAL (...) -- EL PAPEL DE LA SEGURIDAD EN LA CIENCIA (...) -- LA INHABILITACIÓN PARA EMPLEO (...) -- EL PROCESO POR ACEPTACIÓN DE DECRETO (...)} -- EL USO DE ARMAS DE FUEGO POR PARTE DE (...) -- ESTUDIO JURÍDICO-PENAL DE LA (...) -- SECCIÓN ESTUDIOS CRIMINOLÓGICOS -- EL MIEDO AL CRIMEN CINCUENTA AÑOS (...) -- SECCIÓN JURISPRUDENCIAL -- PANORAMA JURISPRUDENCIAL (...) -- SECCIÓN BIBLIOGRÁFICA -- RECENSIÓN A CONCEPCIÓN CARMONA SALGADO (...) -- NOTICIARIO -- POLÍTICA EDITORIAL, CRITERIOS Y RÉGIMEN (...).

In recent years, legal options (ex ante and ex post choices created by law) have gained acceptance in the European Union. Notwithstanding the move toward soft law measures, the EC's appetite for options or pro-choice company law provisions remains unclear. There are significant barriers to the EC's ability to promote efficient regulatory choice due to interest group pressures, diffuse control over the agenda-setting process, and a limited capacity to anticipate and meet a wide range of Member State demands. This article shows that bringing options to the forefront of company law reform can reduce costs for small and medium-sized firms and provide clear benefits to companies that differ in their ownership and control structure from most large public corporations. Switching to a company law regime with different sorts of options can have a good effect on stakeholders as well. As a regulatory strategy, we advocate a step-by-step change, beginning with the adoption of a limited number of opt-in provisions.

The publicity given to the request by a Western Australian man with quadriplegia to have artificial nutrition and hydration withdrawn so he could end his life, highlights the moral and legal dilemmas inherent in end-of-life decision making. In ruling that the withdrawal of the life-sustaining measures by the health provider would be lawful, the Supreme Court of Western Australia carefully analysed the potential application of the Criminal Code 1913 (WA). The relevant provisions include recent amendments aimed at addressing the question of a medical professional's criminal responsibility for withholding or withdrawing life-sustaining treatment. To date the Queensland legislature has not followed the Western Australian lead, despite suggestions by the Queensland Guardianship and Administration Tribunal that the intersection between the criminal law and the Guardianship and Administration Act 2000 (Qld) requires clarification. This paper considers whether, pursuant to Queensland criminal law, health professionals could be held criminally responsible for complying with a patient's request to withdraw life-sustaining measures, and accordingly whether amendments should be made to the Criminal Code 1899 (Qld).