Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-10-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

Download or read book A Modern Treatise on the Principle of Legality in Criminal Law written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2010-09-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.

Download or read book The Principle of Legality in International and Comparative Criminal Law Introduction Chapter 1 written by Kenneth S. Gallant and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This Introduction and Chapter 1 of a book, Kenneth S Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press 2009).Chapter 1 introduces the issues raised by the principles of nullum crimen sine lege and nulla poena sine lege, which are the core of the principle of legality in criminal law. It also raises a few other issues of legality in criminal law. It discusses the relationship of legality and retroactivity in criminal law to issues of the rule of law more generally. It discusses both the human rights and criminal law purposes of legality. The emphasis is not only on the prior existence of a criminal law, but of a criminal law that was applicable to the actor at the time of the alleged crime. Finally, this chapter addresses several doctrines and views which could cause erosion or rejection of the principle of legality, including judicial crime creation, expansive interpretation of criminal statutes, analogy, the view that language - and hence criminal law - is always indeterminate, and the lure of authoritarianism.

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 Legality in Europe written by Mikhel Timmerman and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States.This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States. Since requirements for the definition, interpretation, and application of substantive criminal law are traditionally provided by the principle nullum crimen, nulla poena sine lege (ie the legality principle), the functioning of this principle in EU criminal law merits investigation.To understand the role and functioning of the legality principle in EU criminal law, the author examines and compares the actual constructions of the supranational European legality principles; ie the legality principles protected under the ECHR and by EU law.He ascertains that, while under the ECHR, the legality principle only requires the protection of a rather minimal standard of legal certainty, such a minimum standard might not be appropriate under EU law.The multilevel nature of the definition and interpretation of offences and penalties in EU criminal law, the influence of multilingualism, and the general EU standard of legal certainty provided outside the criminal sphere, make it appropriate that the EU's legality principle goes beyond the minimum ECHR standard.The author argues that, instead of merely functioning as a prohibition on arbitrariness, the EU legality principle should ensure a level of legal certainty, which is closer to the maximum predictability of the consequences of certain acts. Furthermore, it should be construed more consistently and on the basis of a clear conceptual framework, while its general conformity with the ECHR minimum standard should be made more apparent.

Download or read book Artificial Intelligence Computational Modelling and Criminal Proceedings written by Serena Quattrocolo and published by Springer Nature. This book was released on 2020-08-27 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.

Download or read book Handbook of European Criminal Procedure written by Roberto E. Kostoris and published by Springer. This book was released on 2018-04-12 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Download or read book On Theocratic Criminal Law written by Bahman Khodadadi and published by Oxford University Press. This book was released on 2024-09-25 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Theocratic Criminal Law explores the roots and structures of the criminal law system of the world's most prominent constitutional theocracy, the Islamic Republic of Iran. While discussing the processes of forced de-westernization and de-modernization which occurred in the wake of the Islamic Revolution, this work examines how the Islamic conception of civil order and polity has been established within the legal and theological framework of the Iranian Constitution. The book engages in a process of 'rational reconstruction' of Iranian theocratic criminal law and offers a critical analysis of the way criminal law functions as the centrepiece of this mode of political domination. It illuminates how this revelation-based, punitive ideology functions, how the current Islamic Penal Code (IPC) mirrors prevailing Shiite jurisprudence, and ultimately, from what sort of fundamental defects theocratic criminal law in Iran is suffering. This work provides a critical assessment of the criminalization and sentencing theories that have stemmed from the shariatization (Islamization) of all law in the wake of the Islamic Revolution of 1979. By embarking upon a typology of punishment in Shiite Islamic jurisprudence and the Iranian Islamic Penal Code the book then provides a systematic critical analysis of the three types of punishment stipulated in the Iranian Penal Code, namely ta'zir, hadd, and qisas. It also explores the jurisprudential principles and dynamic power of Shiite Islam not only as a driving force behind political and social change but as a force that has been capable of forging a whole theocratic legal system.

Download or read book Sentencing and Human Rights written by Sarah J Summers and published by Oxford University Press. This book was released on 2022-10-06 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Download or read book Precursor Crimes of Terrorism written by Walker, Clive and published by Edward Elgar Publishing. This book was released on 2022-01-18 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Download or read book Progress in Artificial Intelligence written by Goreti Marreiros and published by Springer Nature. This book was released on 2022-09-12 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the proceedings of the 21st EPIA Conference on Artificial Intelligence, EPIA 2022, which took place in Lisbon, Portugal, in August/September 2022. The 64 papers presented in this volume were carefully reviewed and selected from 85 submissions. They were organized in topical sections as follows: AI4IS - Artificial Intelligence for Industry and Societies; AIL - Artificial Intelligence and Law; AIM - Artificial Intelligence in Medicine; AIPES - Artificial Intelligence in Power and Energy Systems; AITS - Artificial Intelligence in Transportation Systems; AmIA - Ambient Intelligence and Affective Environments; GAI - General AI; IROBOT - Intelligent Robotics; KDBI - Knowledge Discovery and Business Intelligence; KRR - Knowledge Representation and Reasoning; MASTA - Multi-Agent Systems: Theory and Applications; TeMA - Text Mining and Applications.

Download or read book Ne bis in idem and Multiple Sanctioning Systems written by Javier Ignacio Escobar Veas and published by Springer Nature. This book was released on 2023-01-23 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.

Download or read book Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.

Download or read book VOX written by José Rama and published by Routledge. This book was released on 2021-06-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines VOX, the first major and electorally successful populist radical right-wing party to emerge in Spain since the death of General Franco, and the restoration of parliamentary democracy in the late 1970s. In December 2018, VOX, a new party on the populist radical right, entered the Andalusian regional parliament, and played the role of kingmaker in the ensuing government formation discussions. Since then, under the leadership of Santiago Abascal, VOX has earned political representation in numerous local, regional and national elections. The party attracted more than 3.6 million votes in the November 2019 general election, making VOX the third largest party in the Spanish Congress. In two years, the party has become a key political challenger and an important player in Spanish politics. This book explains the origins of the party, its ideology and relationship with democracy, its appeal with voters, and its similarities with (and differences from) other populist radical right parties in Europe. It draws upon a rich source of domestic as well as cross-national survey data and a systematic analysis of party manifestos which provide a detailed account of the rise of VOX and what its emergence means for Spanish politics. This volume will be of interest to scholars of comparative politics, political parties, voters and elections, Spanish politics, the populist radical right and populism in general.

Download or read book National Constitutions and EU Integration written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 863 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.

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 Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.