Public Prosecutors In The United States And Europe
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Public Prosecutors In The United States And Europe
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Author : Gwladys Gilliéron
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-04-14
Public Prosecutors In The United States And Europe written by Gwladys Gilliéron 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 2014-04-14 with Law categories.
This research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.
The European Public Prosecutor S Office
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Author : Lorena Bachmaier Winter
language : en
Publisher: Springer
Release Date : 2018-11-02
The European Public Prosecutor S Office written by Lorena Bachmaier Winter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
Toward A Prosecutor For The European Union Volume 1
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Author : Katalin Ligeti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-17
Toward A Prosecutor For The European Union Volume 1 written by Katalin Ligeti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-17 with Law categories.
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.
The Role Of Public Prosecutors Outside The Criminal Justice System Recommendation Cm Rec 2012 11 And Explanatory Memorandum
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2014-01-01
The Role Of Public Prosecutors Outside The Criminal Justice System Recommendation Cm Rec 2012 11 And Explanatory Memorandum 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 2014-01-01 with Law categories.
Recommendation CM/Rec(2012)11 on the role of public prosecutors outside the criminal justice system complements Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system which was adopted in autumn 2000. Together these two recommendations set European standards for prosecutorial activities with a comprehensive set of principles defining the status, powers and practice of the public prosecution service for all areas of law in a modern democratic State. Whatever the nature of their responsibilities, whether they be criminal, civil, administrative law or other, it behooves public prosecutors to carry them out in full accordance with the rule of law, human rights and other principles which are fundamental to all democratic societies. This recommendation draws upon a number of sources as well as on the practice of the prosecution services of many Council of Europe member States that enjoy extensive powers outside the criminal justice system. A report, prepared in 2008 at the request of the Consultative Council of European Prosecutors (CCPE) of the Council of Europe, not only illustrated the diversity among legal systems but also showed that public prosecutors in most of the Council of Europe’s 47 member States are vested with duties that extend beyond the criminal justice system of their countries. Such powers are based on the various branches of law, with the aim of protecting the public interest as well as the rights and legitimate interests of individuals, especially members of socially vulnerable population groups. Overall, the recommendation represents a step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which public prosecutors exercise their role, inside and outside the criminal justice system, is crucial to the protection of these rights and freedoms.
The Prosecutor In Transnational Perspective
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Author : Erik Luna
language : en
Publisher: Oxford University Press
Release Date : 2012-09-27
The Prosecutor In Transnational Perspective written by Erik Luna 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 2012-09-27 with Law categories.
In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
The Future Of Prosecution In Europe
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Author : Katalin Ligeti
language : en
Publisher:
Release Date : 2012
The Future Of Prosecution In Europe written by Katalin Ligeti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Prosecution categories.
The Role Of The Public Prosecution Office In A Democratic Society
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Author : Council of Europe
language : en
Publisher: Manhattan Publishing Company
Release Date : 1997
The Role Of The Public Prosecution Office In A Democratic Society written by Council of Europe and has been published by Manhattan Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
On cover: Demo-Droit/Themis. - On title page: Themis no. 2. Council of Europe legal co-operation with central & eastern European countries
Role Of Public Prosecutors Outside The Criminal Justice System
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Author : Council of Europe
language : en
Publisher:
Release Date : 2014-02-17
Role Of Public Prosecutors Outside The Criminal Justice System written by Council of Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-17 with Law categories.
Recommendation CM/Rec(2012)11 on the role of public prosecutors outside the criminal justice system complements Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system which was adopted in autumn 2000. Together these two recommendations set European standards for prosecutorial activities with a comprehensive set of principles defining the status, powers and practice of the public prosecution service for all areas of law in a modern democratic State. Whatever the nature of their responsibilities, whether they be criminal, civil, administrative law or other, it behooves public prosecutors to carry them out in full accordance with the rule of law, human rights and other principles which are fundamental to all democratic societies. This recommendation draws upon a number of sources as well as on the practice of the prosecution services of many Council of Europe member States that enjoy extensive powers outside the criminal justice system. A report, prepared in 2008 at the request of the Consultative Council of European Prosecutors (CCPE) of the Council of Europe, not only illustrated the diversity among legal systems but also showed that public prosecutors in most of the Council of Europe's 47 member States are vested with duties that extend beyond the criminal justice system of their countries. Such powers are based on the various branches of law, with the aim of protecting the public interest as well as the rights and legitimate interests of individuals, especially members of socially vulnerable population groups. Overall, the recommendation represents a step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which public prosecutors exercise their role, inside and outside the criminal justice system, is crucial to the protection of these rights and freedoms.
The Evolving Role Of The Public Prosecutor
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Author : Victoria Colvin
language : en
Publisher: Routledge
Release Date : 2018-09-24
The Evolving Role Of The Public Prosecutor written by Victoria Colvin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-24 with Social Science categories.
The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
Prosecuting Heads Of State
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Author : Ellen L. Lutz
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-16
Prosecuting Heads Of State written by Ellen L. Lutz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-16 with Biography & Autobiography categories.
The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.