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 Lawfare written by Cristiano Zanin Martins and published by Routledge. This book was released on 2021-06-13 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula. The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law. The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.

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 G K Hall Bibliographic Guide to Latin American Studies written by Benson Latin American Collection and published by . This book was released on 1999 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Technology Enhanced Methods of Money Laundering written by Fausto Martin De Sanctis and published by Springer. This book was released on 2019-06-06 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and examines the novel ways in which money is laundered internationally through illegal activities on the internet, focusing on sales, payments, social media, online gaming, and tax misapplication. Technology-enhanced methods that enable money laundering are now a significant portion of malicious cyber activities and deterring its commission is a high order priority. Although powered by modern tools, investigators, prosecutors, judges and regulatory agencies in most countries are not equipped to accurately detect, investigate and prosecute this type of criminal activity. It makes a case for broader institutional and regulatory improvement, formulating a basis for detecting evolving money laundering schemes with multiple focuses on sales, payments, social media, online gaming, and tax misapplication. Revealing the newest techniques used by criminals, currently neglected by law enforcement in most countries, and discusses the best approaches to combat these crimes, this book will be useful as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb online crimes.

Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Download or read book National Union Catalog written by and published by . This book was released on 1982 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.

Download or read book Legal Professionals in White Collar Crime written by Maria Eugenia Trombini and published by Springer Nature. This book was released on 2023-02-25 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is dedicated to map the modes of thinking and acting of legal professionals who work in white-collar crime. Lawyers, whose decisions generate economic and political consequences, stand at a strategic location between the state and key segments of society. This monograph’s approach is linked to the foundations of the sociology of knowledge, that culture antecedes and anchors social action. It starts by reconstructing the worldviews that legal professionals hold about corruption and its main participants, and then advances to examine decision-making. The author is introducing an innovative dataset comprised of interviews, court records and biographical data to investigate Brazilian lawyers (1985-2021). The study’s qualitative findings show a professional cognitive pattern that is apolitical and technical, and criticizes unskilled people working in the state administration more than businesspeople. The dominant mindset understands corporate-state relations as a self-feeding system that requires qualification and awareness of international trends to counter crime. The decision-making patterns confirm: (i) that prosecutors and judges prioritize the ends, fighting corruption, and use existing legislation and organizational resources to secure verdicts; (ii) the asymmetries between how bribe-payers and bribe-payees are treated.

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 217 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 Library of Congress Catalogs written by Library of Congress and published by . This book was released on with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Bibliography of Legal Festschriften written by L.M. Roberts and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of compiling a bibliography of legal Festschriften originated with Lilly Roberts, and represented the most important creative side of her life during the last ten years of her association with the Universi ty of Michigan Law Library. The project received advice and counsel from the Foreign Law Com mittee of the American Association of Law Libraries. The final publi cation was made possible by an allocation from the grant made to the University of Michigan Law School by the Ford Foundation for re search in International and Comparative Law. Beverley J. Pooley Professor of Law Director of the Law Library University of Michigan PREFACE The present bibliography is international in scope; it covers Fest schriften published in many countries. It includes Festschriften from 1868 (date of the earliest legal Festschrift found) through December, 1968. A bibliography of all legal Festschriften, to be complete, could only be achieved through the cooperative effort of an international group of experts. The present bibliography is based on notes gathered by the compiler over a period of years from material available at the University of Michigan Law Library. It is therefore, inevitably, incom plete and occasionally inaccurate and must be considered as a tentative list, subject to implementation and correction at other legal centers. It was felt, however, that its publication might be of some use, since not enough bibliographical information about this important and steadily growing type of legal literature exists.

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 Subject Catalog written by Library of Congress and published by . This book was released on 1982 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Religious Pluralism and Law in Contemporary Brazil written by Paula Montero and published by Springer Nature. This book was released on 2024-01-29 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.

Download or read book Handbook of Latin American Studies written by and published by . This book was released on 1961 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains scholarly evaluations of books and book chapters as well as conference papers and articles published worldwide in the field of Latin American studies. Covers social sciences and the humanities in alternate years.

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Download or read book Interdisciplinary Insights on Fraud written by António Maia and published by Cambridge Scholars Publishing. This book was released on 2014-04-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills an essential gap in the existing literature by analyzing fraud, and the weakening of ethical relations as parts of an overall global process, in an interdisciplinary, international and multidimensional perspective. It provides an in-depth analysis of fraud in its multiple facets, including financial fraud (most notably related to banking), fiscal/tax fraud (tax compliance and the role of government in the process), and academic fraud (exams misconduct and plagiarism). It also presents a set of methods and empirical evidence on the prevention and combating of fraud in distinct settings, such as money laundering, fraudulent investments schemes, and public procurement mismanagement, and economies, including Brazil, Canada, France, and Portugal.