Liability Of Legal Persons For Offences In The Eu

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Liability of Legal Persons for Offences in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046605205
Total Pages : 203 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Liability of Legal Persons for Offences in the EU by : Gert Vermeulen

Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

Criminal liability of legal persons in EU-countries

Author : Pavel Nikolaevich Biri︠u︡kov
Publisher :
ISBN 13 : 9785927322466
Total Pages : 317 pages
Book Rating : 4.3/5 (224 download)

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Book Synopsis Criminal liability of legal persons in EU-countries by : Pavel Nikolaevich Biri︠u︡kov

Download or read book Criminal liability of legal persons in EU-countries written by Pavel Nikolaevich Biri︠u︡kov and published by . This book was released on 2015 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Developments in Corporate Criminal Liability

Author : James Gobert
Publisher : Taylor & Francis
ISBN 13 : 1136741518
Total Pages : 381 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis European Developments in Corporate Criminal Liability by : James Gobert

Download or read book European Developments in Corporate Criminal Liability written by James Gobert and published by Taylor & Francis. This book was released on 2011-06-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.

Liability of Enterprises for Offences

Author : Council of Europe. Committee of Ministers
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis Liability of Enterprises for Offences by : Council of Europe. Committee of Ministers

Download or read book Liability of Enterprises for Offences written by Council of Europe. Committee of Ministers and published by . This book was released on 1990 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Criminal Justice and Policy

Author : Marc Cools
Publisher : Maklu
ISBN 13 : 9046605426
Total Pages : 232 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis European Criminal Justice and Policy by : Marc Cools

Download or read book European Criminal Justice and Policy written by Marc Cools and published by Maklu. This book was released on 2012 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviewing European policy with respect to different phases in the criminal justice chain, the contributions in this book range from looking into the extension of criminalization in the sphere of trafficking in human beings and labor exploitation, to the operability of cross-border execution of sentences involving deprivation of liberty. Most contributions look into the need to develop a conceptual framework to support future policy making, pointing to the lack thereof with respect to liability of legal persons, ne bis in idem as an EU principle, cross-border effect of disqualifications, and cooperation with private security actors. One essay looks into the public expenditure in different phases of the criminal justice chain, based on a case study on the public expenditure of Belgian drug policy. Additionally, from a historical and comparative perspective, the book analyzes specific European and Chinese interrogation rules to provide a solid context for the current situation and to support future legal reforms. (Series: Governance of Security (GofS) Research Paper - Vol. 7)

The Legal Regulation of Environmental Crime

Author : Valsamis Mitsilegas
Publisher : BRILL
ISBN 13 : 9004506381
Total Pages : 300 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Legal Regulation of Environmental Crime by : Valsamis Mitsilegas

Download or read book The Legal Regulation of Environmental Crime written by Valsamis Mitsilegas and published by BRILL. This book was released on 2022-01-17 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.

Rethinking International Cooperation in Criminal Matters in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660487X
Total Pages : 769 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Rethinking International Cooperation in Criminal Matters in the EU by : Gert Vermeulen

Download or read book Rethinking International Cooperation in Criminal Matters in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

Organized Crime Legislation in the European Union

Author : Francesco Calderoni
Publisher : Springer Science & Business Media
ISBN 13 : 3642043313
Total Pages : 201 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Organized Crime Legislation in the European Union by : Francesco Calderoni

Download or read book Organized Crime Legislation in the European Union written by Francesco Calderoni and published by Springer Science & Business Media. This book was released on 2010-06-09 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.

Actus Reus and Participation in European Criminal Law

Author : Johannes Keiler
Publisher :
ISBN 13 : 9781780681351
Total Pages : 0 pages
Book Rating : 4.6/5 (813 download)

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Book Synopsis Actus Reus and Participation in European Criminal Law by : Johannes Keiler

Download or read book Actus Reus and Participation in European Criminal Law written by Johannes Keiler and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the coming into force of the Treaty of Lisbon, the competences of the European Union in the realm of criminal law have greatly expanded. The EU, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. However, the criminal law legislation of the EU has, so far, almost exclusively focused on specific criminal offenses and has failed to develop and define general principles of criminal law. The EU frequently refers to conduct, attempt, and participation in its legislation, but fails to determine what these concepts should denote. As a result, the scope of European criminal law may differ among European countries as Member States will apply their national doctrines to European legislation. This book steps into this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition, it investigates inchoate offenses and corporate criminal liability. How should the doctrines of conduct, omission, and causation be defined? How to attribute liability in case several people cooperate to bring about a criminal result? What should preparing and attempting a crime denote in European criminal law and how can corporations best be held responsible for the harm they have caused? To answer these questions, this book distills common general principles on actus reus, participation, inchoate and corporate liability from the national criminal justice systems of the Member States, as well as from EU law. These results are subsequently merged into coherent principles of European criminal law. The author, Dr. Johannes Keiler, was awarded the prestigious criminal law Modderman Prize for this book in 2014. (Series: School of Human Rights Research - Vol. 60)

The Liability of Legal Persons for Foreign Bribery A Stocktaking Report

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264940960
Total Pages : pages
Book Rating : 4.2/5 (649 download)

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Book Synopsis The Liability of Legal Persons for Foreign Bribery A Stocktaking Report by : OECD

Download or read book The Liability of Legal Persons for Foreign Bribery A Stocktaking Report written by OECD and published by OECD Publishing. This book was released on 2016-12-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents a chronology and a “mapping” of the features of the systems for liability of legal persons found in Parties to the OECD Anti-Bribery Convention.

Laws of the European Union. Direct Effect, Indirect Effect and State Liability

Author : Ogochukwu C. Nweke
Publisher : GRIN Verlag
ISBN 13 : 3346337081
Total Pages : 23 pages
Book Rating : 4.3/5 (463 download)

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Book Synopsis Laws of the European Union. Direct Effect, Indirect Effect and State Liability by : Ogochukwu C. Nweke

Download or read book Laws of the European Union. Direct Effect, Indirect Effect and State Liability written by Ogochukwu C. Nweke and published by GRIN Verlag. This book was released on 2021-01-28 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This document discusses how the Court of Justice of the European Union has over the years adopted and used the Direct effect, Indirect effect and State liability principles to make the EU Laws more effective, both in terms of interpretation and application, especially with regards to EU Directives. The Court of Justice of the European Union (CJEU) whose composition and functions were enunciated in Section 5 of the Treaty on the Functioning of the European Union (TFEU) 2008, was established in 1952, with the aim of interpreting the Laws of the European Union, making sure that the application of these laws are uniform and consistent in all EU countries. The CJEU also “settles legal disputes between national governments and EU institutions.” The CJEU is divided into two courts. It gives rulings on cases brought before it and in doing so, it is required to give preliminary rulings in its capacity to interpret the laws (among other capacities) "to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law."

Current Issues in European Criminal Law and the Protection of EU Financial Interests

Author : Zlata Đurđević
Publisher :
ISBN 13 : 9789539911810
Total Pages : 201 pages
Book Rating : 4.9/5 (118 download)

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Book Synopsis Current Issues in European Criminal Law and the Protection of EU Financial Interests by : Zlata Đurđević

Download or read book Current Issues in European Criminal Law and the Protection of EU Financial Interests written by Zlata Đurđević and published by . This book was released on 2006 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cybersecurity in Poland

Author : Katarzyna Chałubińska-Jentkiewicz
Publisher : Springer Nature
ISBN 13 : 3030785513
Total Pages : 506 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Cybersecurity in Poland by : Katarzyna Chałubińska-Jentkiewicz

Download or read book Cybersecurity in Poland written by Katarzyna Chałubińska-Jentkiewicz and published by Springer Nature. This book was released on 2022 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland. .

Presumption of Innocence in EU Anti-Cartel Enforcement

Author : Aistė Mickonytė
Publisher : BRILL
ISBN 13 : 9004384650
Total Pages : 248 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Presumption of Innocence in EU Anti-Cartel Enforcement by : Aistė Mickonytė

Download or read book Presumption of Innocence in EU Anti-Cartel Enforcement written by Aistė Mickonytė and published by BRILL. This book was released on 2018-12-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.

The Disqualification Triad

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046605213
Total Pages : 343 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Disqualification Triad by : Gert Vermeulen

Download or read book The Disqualification Triad written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decades, the European Union has made little progress with respect to disqualifications as a sanction mechanism for the violation of laws. The creation of some form of harmonization is necessary, but the complex nature of this specific sanction mechanism has caused policy initiatives to be postponed, time after time. In answer to a call from the European Commission, the contributors in this book have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross border perspective. To that end, academics, policy makers, and practitioners in the Member States have been consulted. Analysis reveals a wide variety in the typology of the disqualifications as a sanction measure, the typology of the persons to whom the disqualifications can be imposed, and the typology of the authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, this book has come up with a so called disqualification triad, comprising: (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications, and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad has been further elaborated on in three case studies, which are public procurement disqualifications, disqualifications from working with children, and driving disqualifications. In doing so, this book is essential reading for both EU and national policy makers, as well as for researchers and practitioners involved. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 45)

Law and Memory

Author : Uladzislau Belavusau
Publisher : Cambridge University Press
ISBN 13 : 110718875X
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Law and Memory by : Uladzislau Belavusau

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Modes of Liability in International Criminal Law

Author : Jérôme de Hemptinne
Publisher : Cambridge University Press
ISBN 13 : 9781108492171
Total Pages : 0 pages
Book Rating : 4.4/5 (921 download)

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Book Synopsis Modes of Liability in International Criminal Law by : Jérôme de Hemptinne

Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.