Il Reato E Le Sue Conseguenze Punibilit Pena Punizione In Un Sistema Criminale Integrale E Integrato
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Il Reato E Le Sue Conseguenze Punibilit Pena Punizione In Un Sistema Criminale Integrale E Integrato
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Author : Mario Trapani
language : it
Publisher: Roma TrE-Press
Release Date : 2022-12-30
Il Reato E Le Sue Conseguenze Punibilit Pena Punizione In Un Sistema Criminale Integrale E Integrato written by Mario Trapani and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
Il lavoro ha ad oggetto la ricostruzione, alla luce del diritto vigente, di un “sistema del diritto criminale” “integrale” e “integrato”. “Integrale”, in quanto ricavato dall’interpretazione delle disposizioni del diritto penale non solo sostanziale, ma anche processuale e dell’esecuzione penitenziaria, passando per le misure di prevenzione ante e praeter delictum; in una prospettiva quindi tanto repressiva che preventiva. “Integrato”, in quanto basato altresì sulle interferenze e interrelazioni tra tutte le “fattispecie di responsabilità” che hanno fra i loro requisiti costitutivi la commissione di un “fatto di reato”; non solo quindi la fattispecie di responsabilità per la “pena criminale”, ma anche quella per la “misura di sicurezza”, quella “civile da reato” e “amministrativa dell’ente” per il reato commesso dai suoi vertici. In questa logica ricostruttiva, momento centrale è la formulazione di una “teoria del reato” sviluppata attraverso una analisi degli elementi che compongono la struttura di questo “tipo di illecito”; analisi che prende le mosse da una “teoria della norma incriminatrice”, vista nei suoi quattro aspetti “temporale”, “spaziale”, “personale” e “materiale”.
Derecho Penal Inteligencia Artificial Y Neurociencias Diritto Penale Intelligenza Artificiale E Neuroscienze
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Author : Antonella Massaro
language : mul
Publisher: Roma TrE-Press
Release Date : 2023-02-15
Derecho Penal Inteligencia Artificial Y Neurociencias Diritto Penale Intelligenza Artificiale E Neuroscienze written by Antonella Massaro and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-15 with Law categories.
El impacto de las nuevas tecnologías en el Derecho es cada vez más evidente. El jurista está llamado a afrontar cuestiones nuevas y complejas, al tiempo que verifica la solidez de las categorías e instituciones sobre las que se asienta el edificio jurídico “tradicional”. Por lo que se refiere en particular al Derecho penal, las perspectivas esbozadas tanto por la neurociencia como por la inteligencia artificial han provocado reacciones diferentes. Frente a quienes consideran que se trata de herramientas destinadas a producir sus efectos únicamente en el plano procesal, están quienes prevén o incluso esperan una reescritura de los principios e instituciones fundamentales, empezando por el concepto mismo de responsabilidad. El libro, recorriendo los aspectos más problemáticos por el lado de la neurociencia y la inteligencia artificial, pone de relieve, por un lado, las innegables innovaciones que caracterizan la reflexión penal más reciente y, por otro, se detiene en el resurgimiento, aunque bajo formas peculiares, de lo que, desde hace siglos, representa auténticos nudos irresueltos del sistema penal.
Punishment And Social Structure
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Author : Otto Kirchheimer
language : en
Publisher: Routledge
Release Date : 2017-09-29
Punishment And Social Structure written by Otto Kirchheimer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-29 with Social Science categories.
Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state.The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.
A Modern History Of German Criminal Law
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Author : Thomas Vormbaum
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-10-01
A Modern History Of German Criminal Law written by Thomas Vormbaum 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 2013-10-01 with Law categories.
Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.
The Limits Of Criminal Law
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Author : Matthew Dyson
language : en
Publisher:
Release Date : 2018
The Limits Of Criminal Law written by Matthew Dyson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Comparative law categories.
From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
Preventing Corporate Corruption
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Author : Stefano Manacorda
language : en
Publisher: Springer Science & Business
Release Date : 2014-04-28
Preventing Corporate Corruption written by Stefano Manacorda and has been published by Springer Science & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-28 with Social Science categories.
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
Black Finance
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Author : Donato Masciandaro
language : en
Publisher: Edward Elgar Publishing
Release Date : 2007-01-01
Black Finance written by Donato Masciandaro and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Business & Economics categories.
Black Finance will be a valuable and accessible tool for scholars and academics, principally in economics, though also in politics and law, as well as for regulators and supervisory institutions.
Auditor Going Concern Reporting
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Author : Marshall A. Geiger
language : en
Publisher: Routledge
Release Date : 2021-06-09
Auditor Going Concern Reporting written by Marshall A. Geiger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-09 with Business & Economics categories.
Auditor reporting on going-concern-related uncertainties remains one of the most challenging issues faced by external auditors. Business owners, market participants and audit regulators want an early warning of impending business failure. However, companies typically do not welcome audit opinions indicating uncertainty regarding their future viability. Thus, the auditor’s decision to issue a "going concern opinion" (GCO) is a complex and multi-layered one, facing a great deal of tension. Given such a rich context, academic researchers have examined many facets related to an auditor’s decision to issue a GCO. This monograph reviews and synthesizes 182 recent GCO studies that have appeared since the last significant review published in 2013 through the end of 2019. The authors categorize studies into the three broad areas of GCO: (1) determinants, (2) accuracy and (3) consequences. As an integral part of their synthesis, they summarize the details of each study in several user-friendly tables. After discussing and synthesizing the research, they present a discussion of opportunities for future research, including issues created or exacerbated as a result of the global COVID-19 pandemic. This monograph will be of assistance to researchers interested in exploring this area of auditor responsibility. It will also be of interest to auditing firms and individual practitioners wanting to learn what academic research has examined and found regarding this challenging aspect of audit practice. Auditing standard-setters and regulators will find it of interest as the authors review numerous studies examining issues related to audit policy and regulation, and their effects on GCO decisions. The examination of GCO research is extremely timely given the financial and business disruption caused by the worldwide COVID-19 pandemic. This unprecedented global event has caused companies, auditors and professional bodies to revisit and reassess their approach to going concern, and to think even more deeply about this fundamental business imperative.
Restorative Justice In Practice
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Author : Joanna Shapland
language : en
Publisher: Taylor & Francis
Release Date : 2011-07-15
Restorative Justice In Practice written by Joanna Shapland and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-15 with Law categories.
This book analyzes the practicalities of setting up and running restorative justice schemes, the costs involved and the key professional and ethical issues involved such as victims' and offenders' needs and expectations, community and desistance.
Governing Through Crime
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Author : Jonathan Simon
language : en
Publisher: Oxford University Press
Release Date : 2007-02-03
Governing Through Crime written by Jonathan Simon and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-03 with History categories.
Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.