Download or read book European Criminal Procedures written by Mireille Delmas-Marty and published by Cambridge University Press. This book was released on 2002-10-17 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised by Elena Ricci

Download or read book The Right to Counsel and the Protection of Attorney Client Privilege in Criminal Proceedings written by Lorena Bachmaier Winter and published by Springer Nature. This book was released on 2020-06-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

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 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 Exclusionary Rules in Comparative Law written by Stephen C. Thaman and published by Springer Science & Business Media. This book was released on 2012-12-31 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Download or read book Civil Procedure in Italy written by J M Perillo and published by Martinus Nijhoff Publishers. This book was released on 1965-07 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

Download or read book The Italian Legal Tradition written by Thomas Glyn Watkin and published by Routledge. This book was released on 2018-12-20 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy’s place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

Download or read book Law and the Christian Tradition in Italy written by Orazio Condorelli and published by Routledge. This book was released on 2020-07-02 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.

Download or read book The Italian Legal System written by G. Leroy Certoma and published by Lexis Law Publishing (Va). This book was released on 1985 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Download or read book Investigating and Preventing Crime in the Digital Era written by Lorena Bachmaier Winter and published by Springer Nature. This book was released on 2022-10-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis à vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.

Download or read book International Co Operation in Litigation Europe written by Hans Smit and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.

Download or read book Justice In Between written by Federico Picinali and published by Oxford University Press. This book was released on 2022-08-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most contemporary criminal justice systems adopt a 'binary' system of verdicts. In a binary system, there is a single evidential threshold, or standard of proof. If the standard is met, the verdict is 'guilty', the defendant is convicted, and punishment is permitted. If the standard is not met, the verdict is 'not guilty', the defendant is acquitted, and punishment is forbidden. There is no middle ground between the verdict of 'not guilty' and that of 'guilty'. An intermediate verdict represents such middle ground, intermediate between acquittal and conviction both in terms of the strength of the incriminating evidence that is needed to warrant the verdict and in terms of the severity of the consequences that the verdict may produce for the defendant. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification of such controversial devices, with the aim to produce a consensus amongst scholars subscribing to different theories of punishment. Indeed, the book shows that one cannot investigate the choice of the standard of proof nor, importantly, that of the verdict system, in isolation from the question of the justification for punishing. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under any of the main theories of punishment.