Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.   .

International law --- International criminal law --- Criminal law, International --- ICL (International criminal law) --- Law of nations --- Nations, Law of --- Public international law --- Law. --- International criminal law. --- International law. --- European Law. --- International Criminal Law. --- Criminal law --- Criminal jurisdiction --- International crimes --- Law --- International Criminal Law . --- Law—Europe.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

Law. --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- Private International Law, International & Foreign Law, Comparative Law. --- Criminology and Criminal Justice, general. --- Human Rights. --- Criminal Law. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Law and legislation --- Civil law --- Legal status, laws, etc. --- Criminal justice, Administration of. --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Criminal law --- Criminology. --- Private International Law, International & Foreign Law, Comparative Law . --- Criminal Law and Criminal Procedure Law. --- Social sciences --- Pleas of the crown --- Public law --- Criminal procedure --- Study and teaching --- Human security --- Transitional justice --- Truth commissions --- Law --- Legal polycentricity

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first level provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second level focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third level provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth level analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Law --- recht

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

European law --- International law --- Human rights --- Criminal law. Criminal procedure --- Law --- mensenrechten --- recht --- Europees recht --- internationaal recht --- Europe

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis à vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

Crime prevention.. --- Criminal investigation.. --- Criminal law.. --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Crime detection --- Crime investigation --- Criminal investigations --- Detection of crime --- Investigations --- Law enforcement --- Crime scenes --- Detectives --- Forensic sciences --- Informers --- Suspects (Criminal investigation) --- Crime prevention --- Prevention of crime --- Public safety --- Law and legislation --- Legal status, laws, etc. --- Prevention --- Government policy --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Law --- Criminal law --- Information technology --- Mass media --- Human rights. --- Criminal law. --- Private International Law, International and Foreign Law, Comparative Law. --- European Criminal Law. --- IT Law, Media Law, Intellectual Property. --- Human Rights. --- Criminal Law and Criminal Procedure Law. --- Europe. --- International unification. --- Law and legislation. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Technology and law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Civil law