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This book is centred on the proposal of a new organic criminal discipline for sexual offences in Italy. The Foreword introduces innovative concepts and 'general' breakdowns relating to sexual criminal law. Chapter 1 then addresses a critical analysis of the current discipline, pursuant to articles 609-bis and following of the Criminal Code and the related case law. Chapter 2 tables an in-depth comparative analysis of the legislation governing sexual offences in Germany, Portugal, France and England, which is also extended to legal theory and practice. Chapter 3 then presents, complete with detailed commentary, an organic project of reform for Italian legislation, characterised by a total discontinuity with the current discipline, where the principal incriminations hinge upon the mere 'sexual dissent' of the victim, breaking down different types of sexually relevant behaviour that are at present all lumped in together in the melting-pot of "sexual assault" into three different offences, while also introducing other incisive innovations.
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The Swedish Presidency of the EU presented in July 2009 a new Road map with a view tofostering protection of suspected and accused persons in criminal proceedings in the Union. The Road map set out its vision to foster the right to a fair trial in criminal proceedings across the EU. The same Presidency also presented a Draft Resolution on 31 July 2009 outlining the grounds and content of the Road map, which was adopted by the Council on the 30 November 2009. Its aim was to invite the European Commission to submit new legislative proposals covering the measures included in the Roadmap, and in this way overcome the obstacles encountered by a previous Commission initiative of 2004 on certain procedural rights incriminal proceedings throughout the EU.
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This book is centred on the proposal of a new organic criminal discipline for sexual offences in Italy. The Foreword introduces innovative concepts and 'general' breakdowns relating to sexual criminal law. Chapter 1 then addresses a critical analysis of the current discipline, pursuant to articles 609-bis and following of the Criminal Code and the related case law. Chapter 2 tables an in-depth comparative analysis of the legislation governing sexual offences in Germany, Portugal, France and England, which is also extended to legal theory and practice. Chapter 3 then presents, complete with detailed commentary, an organic project of reform for Italian legislation, characterised by a total discontinuity with the current discipline, where the principal incriminations hinge upon the mere 'sexual dissent' of the victim, breaking down different types of sexually relevant behaviour that are at present all lumped in together in the melting-pot of "sexual assault" into three different offences, while also introducing other incisive innovations.
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This book is centred on the proposal of a new organic criminal discipline for sexual offences in Italy. The Foreword introduces innovative concepts and 'general' breakdowns relating to sexual criminal law. Chapter 1 then addresses a critical analysis of the current discipline, pursuant to articles 609-bis and following of the Criminal Code and the related case law. Chapter 2 tables an in-depth comparative analysis of the legislation governing sexual offences in Germany, Portugal, France and England, which is also extended to legal theory and practice. Chapter 3 then presents, complete with detailed commentary, an organic project of reform for Italian legislation, characterised by a total discontinuity with the current discipline, where the principal incriminations hinge upon the mere 'sexual dissent' of the victim, breaking down different types of sexually relevant behaviour that are at present all lumped in together in the melting-pot of "sexual assault" into three different offences, while also introducing other incisive innovations.
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The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field.
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Police. --- Criminal justice, Administration of. --- Organized crime.
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