Author : Marion Eleonora Ingeborg Brienen
Publisher :
Page : 1224 pages
File Size : 35,48 MB
Release : 2000
Category : Social Science
ISBN :
"The implementation of recommendation (85) 11 of the Council of Europe on the position of the victim in the framework of criminal law and procedure."--T.p.
Author : Markus D Dubber
Publisher : OUP Oxford
Page : 1294 pages
File Size : 32,7 MB
Release : 2014-11-27
Category : Law
ISBN : 0191654604
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author : Jörg-Martin Jehle
Publisher : Springer Science & Business Media
Page : 334 pages
File Size : 43,53 MB
Release : 2006-11-22
Category : Law
ISBN : 3540339639
This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
Author : Elena Kantorowicz-Reznichenko
Publisher : Cambridge University Press
Page : 400 pages
File Size : 46,4 MB
Release : 2021-05-31
Category : Law
ISBN : 9781108796439
Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.
Author : Carlos Gómez-Jara Díez
Publisher :
Page : 0 pages
File Size : 20,70 MB
Release : 2015
Category : Criminal law
ISBN : 9781780681207
For decades, the EU has developed a system of criminal justice consistent with the mixed (sometimes contradictory) tendencies embedded in its very own structure. The Lisbon Treaty consolidated some federal elements that have an impact on the future development of this area of law. The sovereign debt crisis of 2010 and its progeny have, if anything, consolidated the need for the federal protection of EU financial interests at the EU level. This book provides new insights in the federal dimension of these developments. Beginning with an analysis of the current state of affairs, the book also tackles the federalizing elements contained in such issues as the creation of a European banking supervision authority, the establishment of the European Prosecutor Office, or the enactment of a EU regulation containing the grounds rules of its functioning. Throughout, the reader will find constant references to the most efficient system of federal criminal law, i.e. the US system. This comparative law note serves the purpose of confirming the federal nature of what has been achieved so far at the EU level and providing guidelines for its future development. The basic contention is that such regulation and its enforcement at the EU level is a fundamental tool to achieve the goals that the EU has already set forth in the upcoming agenda. In a nutshell: although the EU is not a federal state, it has the same problems as if it were. Subject: European Law, Criminal Law, Comparative Law, Financial Law]
Author : André Klip
Publisher :
Page : 0 pages
File Size : 37,4 MB
Release : 2012
Category : Criminal law
ISBN : 9781780680019
European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.
Author : Émilie Delivré
Publisher :
Page : 212 pages
File Size : 15,59 MB
Release : 2014-07-09
Category : Jury
ISBN : 9783428144044
Author : Peter J P Tak
Publisher : Martinus Nijhoff Publishers
Page : 64 pages
File Size : 36,20 MB
Release : 2023-09-20
Category : Law
ISBN : 9004641963
The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.
Author : Leslie Sebba
Publisher :
Page : 118 pages
File Size : 20,50 MB
Release : 2003
Category : Law
ISBN :
Author : Andrea Ryan
Publisher : Routledge
Page : 317 pages
File Size : 13,21 MB
Release : 2014-06-05
Category : Law
ISBN : 1317671171
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.
