Admissibility Of Evidence In Eu Cross Border Criminal Proceedings
DOWNLOAD
Download Admissibility Of Evidence In Eu Cross Border Criminal Proceedings PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Admissibility Of Evidence In Eu Cross Border Criminal Proceedings book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Admissibility Of Evidence In Eu Cross Border Criminal Proceedings
DOWNLOAD
Author : Lorena Bachmaier Winter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-05-16
Admissibility Of Evidence In Eu Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-16 with Law categories.
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.
Eu Cross Border Gathering And Use Of Evidence In Criminal Matters
DOWNLOAD
Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2010
Eu Cross Border Gathering And Use Of Evidence In Criminal Matters written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The European Council set out the 2007 specific program on 'Criminal Justice' as part of the General Program on Fundamental Rights and Justice. The concrete objectives of the program include the promotion of the principle of mutual recognition and mutual trust, eliminating obstacles created by disparities between Member States judicial systems, and improving knowledge of Member States' legal and judicial systems in criminal matters, and the exchange and dissemination of good practice. As part of this program, the European Commission awarded a contract to the Institute of International Research on Criminal Policy to conduct the study. This book is the result of that study. The initial aim of the study was to obtain up-to-date information on the national laws of the EU Member States on the gathering and handling of evidence and to analyze that information in the light of recent developments in legislation governing cross-border transmission of evidence, in particular the 2008 European Evidence Warrant. In addition, it was the intention of the European Commission to initiate preparatory work on a legal instrument that would expand the scope of application of the European Evidence Warrant in order to further replace the existing regime of mutual legal assistance within the EU by a mechanism based on the mutual recognition principle. As a result, the study was broadened to also assess whether or not a mutual recognition-based EU mutual legal assistance regime is desirable and feasible. Whereas the Green Paper on obtaining evidence in criminal matters (issued in 2009 by the European Commission) raises general questions on the matter, this book provides an in-depth and full-scale overview of the current situation relating to cross-border gathering, obtaining, and admissibility of evidence in criminal matters between the EU Member States, as well as clear-cut future legal and policy options. This book is essential reading for EU policy makers, as well as judicial and law enforcement authorities throughout the EU and from a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in criminal policy initiatives in the EU.
Admissibility Of Evidence In Eu Cross Border Criminal Proceedings
DOWNLOAD
Author : Lorena Bachmaier Winter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-06-13
Admissibility Of Evidence In Eu Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-13 with Law categories.
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.
Mutual Admissibility Of Evidence In Criminal Matters In The Eu Ircp Series Vol 53
DOWNLOAD
Author : Martyna Kusak
language : en
Publisher: Maklu
Release Date : 2017-01-26
Mutual Admissibility Of Evidence In Criminal Matters In The Eu Ircp Series Vol 53 written by Martyna Kusak and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Admissible evidence categories.
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.
Transnational Evidence And Multicultural Inquiries In Europe
DOWNLOAD
Author : Stefano Ruggeri
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-12
Transnational Evidence And Multicultural Inquiries In Europe written by Stefano Ruggeri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-12 with Law categories.
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.
Towards A System Of European Criminal Justice
DOWNLOAD
Author : Andrea Ryan
language : en
Publisher: Routledge
Release Date : 2014-06-05
Towards A System Of European Criminal Justice written by Andrea Ryan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-05 with Law categories.
With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Defence Rights
DOWNLOAD
Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2012
Defence Rights written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Transnational Inquiries And The Protection Of Fundamental Rights In Criminal Proceedings
DOWNLOAD
Author : Stefano Ruggeri
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-01-09
Transnational Inquiries And The Protection Of Fundamental Rights In Criminal Proceedings written by Stefano Ruggeri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-09 with Law categories.
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.
Eu Criminal Justice Financial Economic Crime
DOWNLOAD
Author : Marc Cools
language : en
Publisher: Maklu
Release Date : 2011
Eu Criminal Justice Financial Economic Crime written by Marc Cools and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.
Eu Criminal Law And Policy
DOWNLOAD
Author : Joanna Beata Banach-Gutierrez
language : en
Publisher: Routledge
Release Date : 2016-07-28
Eu Criminal Law And Policy written by Joanna Beata Banach-Gutierrez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.