Download or read book Mutual admissibility of evidence in criminal matters in the EU IRCP series vol 53 written by Martyna Kusak and published by Maklu. This book was released on 2017-01-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.
Download or read book Contagion Counter Terrorism and Criminology written by Claire Hamilton and published by Springer Nature. This book was released on 2019-08-21 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the impact of post 9/11 counter-terrorism laws outside of the counter-terrorism context, a process described here as ‘contagion’. It does so via a detailed empirical examination of the impact of counter-terrorism measures on the criminal justice systems of three selected EU countries with varying histories and experience of terrorism, namely, the UK, France and Poland. In particular, the book explores the synergistic relationship between counter-terrorism measures and control measures aimed at ‘ordinary’ crimes and asks what the implications are for the direction of travel of the criminal law in general. It probes the hegemonic power of terrorism and the securitisation agenda more broadly and discusses the implications for criminology as a discipline – does it, for example, have a role in social contestation of contagion? This book will be suitable for academics and students interested in political violence, terrorism and counterterrorism as well as practitioners and experts working in the area.
Download or read book Jihadism Foreign Fighters and Radicalization in the EU written by Inmaculada Marrero Rocha and published by Routledge. This book was released on 2018-11-20 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jihadism, Foreign Fighters and Radicalization in the EU addresses the organizational and strategic changes in terrorism in Europe as a result of urban jihadism and the influx of foreign fighters of European nationality or residence. Examining the different types of responses to the treatment of radicalization and its consequences in the recruitment of young urban fighters and jihadists, this book offers a framework for understanding the process of violent radicalization. It critically analyses political and legal responses that have taken place within the European framework, whilst also examining a series of functional responses from social and behavioural psychology. This book then goes on to develop an explanatory model from an economic standpoint, exploring the need to adapt the fight against the financing of terrorism to the changes in the sources of financing jihadist cells and foreign fighters. Furthermore, the volume draws on experience from the prison sector to assess the process of radicalization and the possibilities of intervention. Taking an interdisciplinary approach, this book will be of great interest to students of terrorism and counter-terrorism, radicalization, European politics, radical Islam and security studies.
Download or read book The Disqualification Triad written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)
Download or read book Defence Rights written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.
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 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 Strategies Against Human Trafficking written by Cornelius Friesendorf and published by . This book was released on 2009 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Conference for Innovation in Biomedical Engineering and Life Sciences written by Fatimah Ibrahim and published by Springer. This book was released on 2015-11-26 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volumes presents the proceedings of ICIBEL 2015, organized by the Centre for Innovation in Medical Engineering (CIME) under Innovative Technology Research Cluster, University of Malaya. It was held in Kuala Lumpur, Malaysia, from 6-8 December 2015. The ICIBEL 2015 conference promotes the latest researches and developments related to the integration of the Engineering technology in medical fields and life sciences. This includes the latest innovations, research trends and concerns, challenges and adopted solution in the field of medical engineering and life sciences.
Download or read book Criminal Law and Practice Review written by Ivana Bacik and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Law & Practice Review (formerly Criminal Law & Procedure Review) is a new book from Clarus Press in collaboration with the School of Law at Trinity College, Dublin. Originally based on the Criminal Law Update Conference held annually at Trinity College, the Review includes article versions of the papers presented at the conference, along with new articles and notes on recent developments in substantive and procedural criminal law in Ireland. The book will be of great interest to all criminal lawyers - including practitioners, academics, and students - as well as those interested in criminology, victimology, policing, evidence, and other related criminal law topics. Contents include: ** (Feature Articles) The Proposed Court of Appeal * Victims of Crime with Disabilities in Ireland * Sentencing White-Collar Crime Problems and Principles * Improperly Obtained Evidence, Silence, and Legal Advice: Ongoing Change in Seemingly Settled Situations? * Ireland's Proposed DNA Framework * Addressing Uncertainty in the Defenses of Self-Defense, Diminished Responsibility, and Provocation * Legislative Developments in Criminal Law and Procedure ** (Case and Commentary) Vague Offenses and the High Court * The Statutory Retention of Fingerprints.
Download or read book Shaping Rights in the ECHR written by Eva Brems and published by Cambridge University Press. This book was released on 2014-01-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.
Download or read book Human Rights in Criminal Proceedings written by Stefan Trechsel and published by Oxford University Press, USA. This book was released on 2005 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.
Download or read book Hong Kong Law of Evidence written by Michael McConville and published by . This book was released on 2014 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Genetics Evolution and Radiation written by Victoria L. Korogodina and published by Springer. This book was released on 2018-07-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is dedicated to the great scientist and outstanding individual Nikolay Wladimirovich Timofeeff-Ressovsky. The book brings together a number of brief stories/essays about Timofeeff-Ressovsky including “Stories told by himself”, and scientific chapters addressing his major research areas: genetics, radiobiology, radiation ecology and epidemiology, and evolution. Timofeeff-Ressovsky contributed to several fields of biology and established new directions of scientific research. He often repeated the phrase, which would later become famous: “Science should not be approached with the ferocity of wild animals”. In keeping with that philosophy, the issues discussed here are still open. Each scientific part starts with a current review; the chapters present leading scientific schools and views. The main theme discussed in the genetics part is mutation variability in the context of linear (replication, transcription, translation) and conformational template processes, and its dependence on phylogenetic group. In turn, the radiobiology chapters focus on the reorganization of DNA, cell, and population variability under low-dose irradiation, sparking indirect processes and adaptive response. The radiation ecology and epidemiology parts present data on the consequences of nuclear plants and related accidents for ecological systems and human beings. Here some approaches to estimating radiation risks are also offered. Evolution laws are demonstrated in the genomic universe, plant-microbe symbiosis, stabilizing and destabilizing (directional) selection. The last essay demonstrates the principles of organization operating in local animal populations, which are approached as social organisms of complex systemic nature. The chapter 'Radiation-Induced Aging and Genetic Instability of Mesenchymal Stem Cells: An Issue for Late Health Effects?' is available open access under a CC BY 4.0 license.
Download or read book Image Processing Analysis and Machine Vision written by Milan Sonka and published by Arden Shakespeare. This book was released on 2008 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt:
