Abstract: Prosecution of sexual violence in international
criminal law requires not only an understanding of the mechanisms
employed to prosecute sexual violence but also a critical analysis of
the factors facilitating perpetuation of such crimes in armed conflicts.
The extrapolations laid out in this essay delve into the jurisprudence
of international criminal law pertaining to sexual and gender based
violence followed by the core question of this essay – has the
entrenchment of sexual violence as international crimes in the Rome
Statute been successful to address such violence in armed conflicts?
Abstract: The aim of study was to analyze the functioning the
new model of criminal corporate responsibility in Poland. The need
to introduce into the Polish legal system liability of corporate
(collective entities) has resulted, among others, from the Polish
Republic's international commitments, in particular related to
membership in the European Union. The study showed that responsibility of collective entities under
the Act has a criminal nature. The main question concerns the ability
of the collective entity to be brought to guilt under criminal law
sense. Polish criminal law knows only the responsibility of individual
persons. So far, guilt as a personal feature of action, based on the
ability of the offender to feel in his psyche, could be considered only
in relation to the individual person, while the said Act destroyed this
conviction. Guilt of collective entity must be proven under at least
one of the three possible forms: the guilt in the selection or
supervision and so called organizational guilt. In addition, research in
article has resolved the issue how the principle of proportionality in
relation to criminal measures in response of collective entities should
be considered. It should be remembered that the legal subjectivity of
collective entities, including their rights and freedoms, is an
emanation of the rights and freedoms of individual persons which
create collective entities and through these entities implement their
rights and freedoms. The whole study was proved that the adopted Act largely reflects
the international legal regulations but also contains the unknown and
original legislative solutions.
Abstract: Psychopathic disorders are taking an important part in
judge sentencing, especially in Canada. First, we will see how this
phenomenon can be illustrated by the high proportion of psychopath
offenders incarcerated in North American prisons. Many decisions in
Canadians courtrooms seem to point out that psychopathy is often
used as a strong argument by the judges to preserve public safety.
The fact that psychopathy is often associated with violence,
recklessness and recidivism, could explain why many judges consider
psychopathic disorders as an aggravating factor. Generally, the judge
reasoning is based on Article 753 of Canadian Criminal Code related
to dangerous offenders, which is used for individuals who show a
pattern of repetitive and persistent aggressive behaviour. Then we
will show how, with cognitive neurosciences, the psychopath’s
situation in courtrooms would probably change. Cerebral imaging
and news data provided by the neurosciences show that emotional
and volitional functions in psychopath’s brains are impaired.
Understanding these new issues could enable some judges to
recognize psychopathic disorders as a mitigating factor. Finally, two
important questions ought to be raised in this article: can exploring
psychopaths ‘brains really change the judge sentencing in Canadian
courtrooms? If yes, can judges consider psychopathy more as a
mitigating factor than an aggravating factor?