Actualites En Droit Penal

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The Western Codification of Criminal Law

Author : Aniceto Masferrer
Publisher : Springer
ISBN 13 : 3319719122
Total Pages : 427 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis The Western Codification of Criminal Law by : Aniceto Masferrer

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

The Impact of Covid-19 on Prison Conditions and Penal Policy

Author : Frieder Dünkel
Publisher : Routledge
ISBN 13 : 1000553612
Total Pages : 588 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis The Impact of Covid-19 on Prison Conditions and Penal Policy by : Frieder Dünkel

Download or read book The Impact of Covid-19 on Prison Conditions and Penal Policy written by Frieder Dünkel and published by Routledge. This book was released on 2022-04-19 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.

Security versus Justice?

Author : Florian Geyer
Publisher : Routledge
ISBN 13 : 1317057937
Total Pages : 364 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Security versus Justice? by : Florian Geyer

Download or read book Security versus Justice? written by Florian Geyer and published by Routledge. This book was released on 2016-04-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?

Release from Prison

Author : Nicola Padfield
Publisher : Routledge
ISBN 13 : 1134029268
Total Pages : 476 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Release from Prison by : Nicola Padfield

Download or read book Release from Prison written by Nicola Padfield and published by Routledge. This book was released on 2013-01-11 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Release from prison is matter of increasing interest throughout Europe. On the one hand, arguments about the need to reduce prison numbers, as well the consistent findings that prisoners can be integrated into society more effectively if they are subject to a period of supervision in the community, have made early release policies attractive to governments and to academic commentators. On the other hand, there are concerns that early release may not be applied fairly to all prisoners. This book aims to meet the need for comparative information on release from prison across Europe and explores some of the key themes and issues. The body of the book focuses on country perspectives, providing an invaluable survey of the situation in a number of European countries. The introductory and concluding chapters place the comparative material in a broader perspective. They explain how release policy is related to wider questions about justice and fairness in prison-related decision-making and the changing place of imprisonment in European society.

Police and Judicial Co-operation in the European Union

Author : Fédération internationale pour le droit européen. Congrès
Publisher : Cambridge University Press
ISBN 13 : 9780521605571
Total Pages : 416 pages
Book Rating : 4.6/5 (55 download)

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Book Synopsis Police and Judicial Co-operation in the European Union by : Fédération internationale pour le droit européen. Congrès

Download or read book Police and Judicial Co-operation in the European Union written by Fédération internationale pour le droit européen. Congrès and published by Cambridge University Press. This book was released on 2004-06-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: How EU members are adapting their laws to provide for inter-state judicial and police co-operation.

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)

Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems

Author : Marion Charret-Del Bove
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443861847
Total Pages : 250 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems by : Marion Charret-Del Bove

Download or read book Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems written by Marion Charret-Del Bove and published by Cambridge Scholars Publishing. This book was released on 2014-06-19 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.

The Court of Justice and European Criminal Law

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911200
Total Pages : 495 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Court of Justice and European Criminal Law by : Valsamis Mitsilegas

Download or read book The Court of Justice and European Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.

Combatting Illicit Trade in Tobacco Products

Author : Stanisław Tosza
Publisher : Springer Nature
ISBN 13 : 3030678024
Total Pages : 596 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Combatting Illicit Trade in Tobacco Products by : Stanisław Tosza

Download or read book Combatting Illicit Trade in Tobacco Products written by Stanisław Tosza and published by Springer Nature. This book was released on 2022-02-17 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.

EU Criminal Law and Justice

Author : Maria Fletcher
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443889
Total Pages : 251 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis EU Criminal Law and Justice by : Maria Fletcher

Download or read book EU Criminal Law and Justice written by Maria Fletcher and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

Corporations and the Privilege against Self-Incrimination

Author : Stijn Lamberigts
Publisher : Bloomsbury Publishing
ISBN 13 : 1509953329
Total Pages : 303 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Corporations and the Privilege against Self-Incrimination by : Stijn Lamberigts

Download or read book Corporations and the Privilege against Self-Incrimination written by Stijn Lamberigts and published by Bloomsbury Publishing. This book was released on 2022-12-29 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.

Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne

Author : Gisèle Vernimmen-Van Tiggelen
Publisher : Université de Bruxelles
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne by : Gisèle Vernimmen-Van Tiggelen

Download or read book Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne written by Gisèle Vernimmen-Van Tiggelen and published by Université de Bruxelles. This book was released on 2009 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the EU's fast-growing Area of Freedom, Security and Justice, the principle of mutual recognition should play a key role in the field of judicial cooperation in criminal matters.Since mutual recognition was enshrined as a cornerstone of judicial cooperation in the EU by the European Council of Tampere in 1999, an increasing number of binding instruments based on this principle have been adopted in the framework of the EU's Third Pillar.The considerable impact of those instruments on national criminal legal systems has often required a major effort by Member States in adjusting their national legislation so that it complies with the new mechanisms agreed at EU level. What are the real difficulties encountered by Member States in the transposition of these legislative texts into national law and, even earlier, when the texts are being negotiated within the Council of the EU? What lessons can be learned from the early years of their practical implementation by the competent judicial authorities? And, above all, what will be the future role and scope of the principle of mutual recognition in criminal matters in Europe? The entry into force of the Lisbon Treaty and the adoption of a new multi-annual programme (replacing the Hague Programme) to strengthen the EU's Area of Freedom, Security and Justice are both pending. In this crucial time of transition and uncertainty, the book seeks to provide answers to the above questions and many other related issues. Through its country by country approach covering the vast majority of the Member States, it intends to provide policymakers, practitioners, academics and researchers with a comprehensive analysis of the problems that have emerged and the solutions envisaged by each State in their implementation of mutual recognition instruments. The country chapters are followed by a final EU-wide analysis that seeks to identify common themes and obstacles and to consider future options and possible scenarios. The whole study, based on in-depth research combined with interviews conducted with hundreds of practitioners and experts from across the EU, amounts to a remarkable team performance carried out together with academics and researcher members of ECLAN (European Criminal Law Academic Network).

Good Administration and the Council of Europe

Author : Professor for Public Law German and European Administrative Law Ulrich Stelkens
Publisher : Oxford University Press, USA
ISBN 13 : 0198861532
Total Pages : 961 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Good Administration and the Council of Europe by : Professor for Public Law German and European Administrative Law Ulrich Stelkens

Download or read book Good Administration and the Council of Europe written by Professor for Public Law German and European Administrative Law Ulrich Stelkens and published by Oxford University Press, USA. This book was released on 2020-09-10 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.

EU Criminal Justice, Financial & Economic Crime

Author : Marc Cools
Publisher : Maklu
ISBN 13 : 9046604381
Total Pages : 322 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis EU Criminal Justice, Financial & Economic Crime by : Marc Cools

Download or read book EU Criminal Justice, Financial & Economic Crime written by Marc Cools and published by Maklu. This book was released on 2011 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.

Actualités-justice

Author :
Publisher :
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Actualités-justice by :

Download or read book Actualités-justice written by and published by . This book was released on 1991 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

France, Belgium, Bulgaria, Poland, Portugal

Author : Wolfgang Faber
Publisher : Walter de Gruyter
ISBN 13 : 3866539223
Total Pages : 737 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis France, Belgium, Bulgaria, Poland, Portugal by : Wolfgang Faber

Download or read book France, Belgium, Bulgaria, Poland, Portugal written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2011-02-28 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are the notion of ownership, the derivative acquisition of ownership (e.g. by a sales contract), the good faith acquisition of ownership and other property rights, the multiple sale of the same movable, the protection of possession, positive (acquisitive) prescription, and processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fourth volume of the series presents "up-to-date" national reports of France Belgium Bulgaria Poland Portugal

The Principle of Mutual Recognition in EU Law

Author : Christine Janssens
Publisher : OUP Oxford
ISBN 13 : 0191653896
Total Pages : 1970 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Principle of Mutual Recognition in EU Law by : Christine Janssens

Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 1970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.