Judicial Protection In Transnational Criminal Proceedings
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Judicial Protection In Transnational Criminal Proceedings
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Author : Martin Böse
language : en
Publisher: Springer Nature
Release Date : 2020-10-28
Judicial Protection In Transnational Criminal Proceedings written by Martin Böse and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-28 with Law categories.
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.
The Right To Silence In Transnational Criminal Proceedings
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Author : Fenella M. W. Billing
language : en
Publisher: Springer
Release Date : 2016-09-01
The Right To Silence In Transnational Criminal Proceedings written by Fenella M. W. Billing and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-01 with Law categories.
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
International Criminal Law Transnational Criminal Organizations And Transitional Justice
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Author : Héctor Olásolo
language : en
Publisher: BRILL
Release Date : 2018-08-16
International Criminal Law Transnational Criminal Organizations And Transitional Justice written by Héctor Olásolo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-16 with Law categories.
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Transnational Inquiries And The Protection Of Fundamental Rights In Criminal Proceedings
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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
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Author : Tommaso Rafaraci
language : en
Publisher: Springer
Release Date : 2018-12-13
Eu Criminal Justice written by Tommaso Rafaraci and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
International And Transnational Criminal Law
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Author : David Luban
language : en
Publisher: Aspen Publishing
Release Date : 2023-09
International And Transnational Criminal Law written by David Luban and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09 with Criminal jurisdiction categories.
"Casebook on international and transnational criminal law"--
Extradition
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2006-01-01
Extradition written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.
Histories Of Transnational Criminal Law
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Author : Neil Boister
language : en
Publisher: Oxford University Press
Release Date : 2021-08-02
Histories Of Transnational Criminal Law written by Neil Boister 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 2021-08-02 with Law categories.
This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
International Transnational Criminal Law
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Author : Robert John Currie
language : en
Publisher:
Release Date : 2010
International Transnational Criminal Law written by Robert John Currie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law--and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.
Defense In International Criminal Proceedings
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Author : Michael Bohlander
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006-03-21
Defense In International Criminal Proceedings written by Michael Bohlander and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-21 with Law categories.
This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.