Download or read book Toward a Prosecutor for the European Union Volume 1 written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2012-12-17 with total page 1313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.
Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Download or read book One Country Two Systems Three Legal Orders Perspectives of Evolution written by Jorge Oliveira and published by Springer Science & Business Media. This book was released on 2009-07-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.
Download or read book Judicial Protection in Transnational Criminal Proceedings written by Martin Böse and published by Springer Nature. This book was released on 2020-10-28 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.
Download or read book A Prudente Convic o Do Julgador written by Eduardo Neves and published by Xlibris Corporation. This book was released on 2011-12-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Durante muito tempo senti um impulso irresistível para escrever sobre as leis, o Direito e a Justiça. Era uma descompensação permanente, que me impelia à pesquisa, à incessante busca de encontrar algo de verdadeiramente mágico, algo que pudesse ser uma luz nesta enorme “lixeira” informativa e deformativa em que se tornou a edição de livros jurídicos.
Download or read book Admissibility of Evidence in EU Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
Download or read book Geopolitics of Intervention written by Fernando Augusto Fernandes and published by Tristão Editora. This book was released on 2023-08-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lava Jato and the Crisis In this controversial and surprising book: Geopolitics of Intervention, lawyer and political scientist Fernando Augusto Fernandes dismantles the story that Operation Car Wash was (and still is) an unsuspected investigation to combat the crimes of corrupt politicians and prominent corrupt business people. Its primary purpose was to destabilize the PT government, hit the democratic system, destroy national engineering, weaken the oil and gas program, and facilitate the looting of national wealth. All to create the conditions needed for a right-wing liberal government, which ended up resulting in the election of an underdog and the most signifi cant political, economic, social, and health crisis ever experienced by the country.
Download or read book Extradition Law written by Miguel João Costa and published by BRILL. This book was released on 2019-09-24 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.
Download or read book Fairness in Criminal Appeal written by Helena Morão and published by Springer Nature. This book was released on 2023-02-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.
Download or read book Audi Alteram Partem in Criminal Proceedings written by Stefano Ruggeri and published by Springer. This book was released on 2017-04-12 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.
Download or read book Organizational Legal and Technological Dimensions of Information System Administration written by Portela, Irene Maria and published by IGI Global. This book was released on 2013-09-30 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition to capital infrastructure and consumers, digital information created by individual and corporate consumers of information technology is quickly being recognized as a key economic resource and an extremely valuable asset to a company. Organizational, Legal, and Technological Dimensions of Information System Administration recognizes the importance of information technology by addressing the most crucial issues, challenges, opportunities, and solutions related to the role and responsibility of an information system. Highlighting various aspects of the organizational and legal implications of system administration, this reference work will be useful to managers, IT professionals, and graduate students who seek to gain an understanding in this discipline.
Download or read book Exploring the Complexities of Criminal Justice written by Gottschalk, Petter and published by IGI Global. This book was released on 2024-10-22 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In democratic societies with criminal justice, a suspected individual is considered innocent until proven guilty beyond any reasonable and sensible doubt. Yet the media and the publicand sometimes also the police and prosecutionmay pass a verdict of guilt by blaming and shaming independent of potential evidence and proof. Rumors, allegations, accusations, and other forms of unsubstantiated claims are allowed to surface and form a basis for the guilt conclusion. It is important to explore the complexities of criminal justice and challenge these harmful tendencies. Exploring the Complexities of Criminal Justice discusses a number of cases where named individuals are convicted in public long before they eventually receive a final verdict from a court of justice. The scope of this book is to provide a comprehensive view of several case studies and several ties to convenience theory. Covering topics such as corporate crime, corruption court cases, and investigation, this book is an excellent resource for criminal justice professionals, legal scholars and academicians, journalist and media professionals, policymakers, and more.
Download or read book Cross Border Cooperation CBC Strategies for Sustainable Development written by Castanho, Rui Alexandre and published by IGI Global. This book was released on 2020-02-14 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the importance of sustainability in strategy and development grows, so does the importance of cross-border cooperation (CBC) to facilitate green projects. Border territories, however, are complex and fragile areas, and thus, their planning through CBC projects should be deeply analyzed and studied. It has become crucial to understand this issue across many different disciplines. Cross-Border Cooperation (CBC) Strategies for Sustainable Development is a pivotal reference source that provides relevant theoretical frameworks and trends in border area dynamics as well as cross-border cooperation’s influence on sustainable development. Highlighting topics such as CBC in insular territories, biodiversity policy, and sustainable planning and development, this book is ideally designed for culture analysts, sustainability specialists, policymakers, researchers, academicians, and students.
Download or read book Constru es Prisionais written by ƒrika Sun and published by Lulu.com. This book was released on 2016-07-04 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Livro que analisa o sistema penal-penitenciário de forma sistemática, analisando-o de forma completa, a partir do crime, entendido como infração às normas penais, às sanções, castigo aplicado aos infratores, e às respectivas intenções recuperativas supostamente intrínsecas às penas.
Download or read book Women s Rights International Studies on Gender Roles and its influence on contemporary Democracy Volume 2 written by Mônica Sapucaia Machado and published by Editora Deviant. This book was released on 2020-02-07 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work presented in this volume is inscribed in a theoretical perspective that deals with the established relations between Law and society, and in particular a set of pertinent reflections on the issue of ‘Women’s Rights’. The title of this publication in itself can evoke in us a call to reflect on our own lives. Whilst excluding what we already know about how evidence and certain meanings commonly affect us as readers, we need to also ask ourselves questions in relation to the title about which specific rights, the work will be looking at in depth. Chapters: 1. CHALLENGES ANNOUNCED TO GENDER EQUALITY IN CURRENT BRAZIL: A “DEMOCRATIC STATE” AS A DANGER TO WOMEN’S RIGHTS 2. PARTICIPATORY DEMOCRACY: IS IT LEGITIMATE WITHOUT WOMEN? 3. VIOLENCE AGAINST WOMAN IN POLITICS 4. DEMOCRACY, ONLINE MEDIA AND VIOLENCE AGAINST WOMAN: THE DISCOURSE AS AN INSTRUMENT OF STRUCTURAL POWER FROM THE PATRIARCHAL SOCIETY 5. FEMINIZATION OF MIGRATIONS, FEMINIZATION OF CITIZENSHIP: “MIGRANTAS” IN OUR CONTEMPORARY DEMOCRACIES 6. THE AUDIENCES OF CUSTODY AND PRISON IN FLAGRANT IN THE DOMESTIC AND FAMILY VIOLENCE COURTS AGAINST WOMEN IN THE AMAZON-BELÉM 7. FEMINIST PERSPECTIVES AND SOCIAL MOVEMENTS: AN APPROACH TO URBAN PLANNING FROM “FUNK CARIOCA” SONGS 8. A REFLECTION ON BRAZILIAN FISHERWOMEN FROM A DECOLONIAL PERSPECTIVE
Download or read book Data Protection in the Internet written by Dário Moura Vicente and published by Springer Nature. This book was released on 2019-12-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.
