How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law’s legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
The post-1994 constitutional state that South Africa has become is based on the values of ‘human dignity’ and ‘equality’ among others. While law formed the basis of a divided and racist state prior to 1994, law has also taken a fundamental role in recognizing the universality of the human rights for all who live in South Africa today. Creating a strong visibility of human rights within the law, however, is only one step in the process. How the law is implemented determines its real worth and effectiveness. While these progressive laws further distinguish South Africa as a state with outstanding legal commitments towards the universality of human rights, they have failed to find expression in the implementation process. This study examines how the criminal justice system responded to the May 2008 xenophobic violence in South Africa from the dimensions of legal and policy frameworks; legal processes; legal innovations; institutional issues; and context factors such as non-state policing and justice structures. It focuses on three key actors; the courts, the National Prosecuting Authority (NPA), and the South African Police Services (SAPS).
The present work has the scope to present the fundamentals of the new criminal Laws and criminal executionary law in Romania, and the relation with other juridical institutions and branches of law existing in Romania. Prerequisites for the understanding of the present work are: a minimum knowledge of law, an understanding of criminal law, punishments, the system of law of the EU and the ECHR, democracy, rule of law, supremacy of constitution and so on. The legislation on criminal accountability has constantly grown due to increase in crime. In this context the laws regarding executionary law have evolved also, and in addition we have an increased interest on behalf of the state to intensify the process of reeducation and social integration of those punished for criminal acts. Thus Romania has undergone a process of transforming it's penal laws starting February 2014 with the entering into force of the New Criminal Code and New Criminal Procedures Code and other related laws. We, the authors, hope you will find in this book a starting point in the process of knowing the Romanian criminal law system.
Offering an historical and conceptual account of criminal law, this volume provides insight into how legal concepts such as responsibility, wrongdoing, intent, and punishment emerged out of debates and sensibilities from the 18th Century to the present day, and explores how the State exerts its power and secures civil order through criminal law.
This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.
The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jurgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.
Fascism was one of the twentieth century’s principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
Coercive rules and their implementation are,in liberal democratic societies at least, subject to ethical constraints. The state's moral authority requires these constraints to be both cogent and effectively realised in doctrine. In short, the enterprise of subjecting individuals to coercive rules must be consistent with the delivery of criminal justice. Contemporary criminal theory is much exercised by the apparent contradictions and ambiguities characterising criminal law doctrine. Is this an inevitable part of the territory leading us to question the very possibility of criminal law delivering justice? Or, as the author prefers, is criminal justice an achievement in which one of the tasks of criminal theory is to set goals and identify deficiencies in a constant effort to improve the form and content of rules and procedures? Informed by this premise the book explores some of the key questions in criminal theory, addressing first the ethics of criminalisation and punishment. It continues with an examination of the structure of criminal liability with its emphasis on separating consideration of the objective conditions of wrongdoing from the features which make a person responsible for it. Finally it examines attempts and accessoryship with a view to exploring the doctrinal tensions which may arise when competing justifications for criminalisation and punishment collide. The book gives an account of the present state of criminal theory in an accessible style which will welcomed by those embarking upon courses in advanced criminal law and criminal theory, teachers, and more generally by practitioners and scholars.
Sir James Fitzjames Stephen (1829–94) published this three-volume account of the English criminal law's historical development in 1883, four years after his appointment as a judge of the High Court. It is a revision and expansion of the second chapter in Stephen's 1863 General View (also reissued in this series). At first sight, it is ironic that the author of this classic of legal historical scholarship was himself a Benthamite who favoured and promoted the codification of the common law and worked on codes of criminal law and procedure for India and for England. Volume 2 contains a discussion of the limits on criminal jurisdiction in respect of time, person and place; of the history of criminal responsibility; of the different categories of criminal offence (treason, felony and misdemeanour); of inchoate offences (incitements, attempts and conspiracies); and of the history of the offences against the state (treason, seditious words, libels) and offences against religion.
The International Criminal Court(ICC) has been put on spot light and questioned by many on the Legality of the exrecise of Jurisdiction over non-state parties for a very long time. This work is a product of International Criminal Law Masters research directed to answer so many questions and on going debates about this issue. It is directed at scholars, students of Law, people in government,Non governmental organisations, Legal practitioners, researchers and the Public in general who are intterested in updating their knowledge or knowing more; about the problems that poses to the ICC in exercising Jurisdiction arising from United Nations Security Council referrals to the Court,which is in accordance with the Rome Statute and the working agreement between the United Nations Organisation and the court. This book is a collectors item that opens up a lot of questions and equally addresses the rationale for the implicit jurisdiction of the court when acting under the chapter VII powers of the United nations Security Council. It is very informative and educative, you will gain unquantifiable knowledge from the insight in this book.Enjoy it and share your opinion with us.
In the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory regimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights’ audit. Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - ‘Civil Recovery’; Money Laundering and the Professions
Sir James Fitzjames Stephen (1829–94) published this three-volume account of the English criminal law's historical development in 1883, four years after his appointment as a judge of the High Court. It is a revision and expansion of the second chapter in Stephen's 1863 General View (also reissued in this series). At first sight, it is ironic that the author of this classic of legal historical scholarship was himself a Benthamite who favoured and promoted the codification of the common law and worked on codes of criminal law and procedure for India and for England. Volume 1 includes coverage of pre-Conquest English criminal law, a survey of courts exercising criminal jurisdiction, a historical account of the main elements of criminal procedure, and a history of criminal punishments. Volume 2 includes discussion of the limits of criminal jurisdiction, the history of criminal responsibility, and the different categories of criminal offence. Volume 3 includes coverage of Indian criminal law.
The Supreme Court has recently adjudicated some crucial issues regarding criminal matters and constitutional jurisprudence. The Court expanded the constitutional authority vested in Congress, provided defendants with constitutional remedies and protections, indicated that even a substantial amount of publicity surrounding a trial does not warrant a change of venue, left defense attorneys in awe of their new-found obligations, and settled important divisions among the U.S. circuit courts of appeal. Skilling v.US revealed that a change of venue based on a claim of a tainted jury pool presents a difficult, if not impossible task, for criminal defendants. Padilla expanded the Sixth Amendment in determining that deportation is a unique consequence because of the substantial impact on the lives of non-citizens. Holland determined that the time limitations imposed by Congress are subject to equitable tolling. Graham held that a sentence of life in prison without the possibility of parole is cruel and unusual when imposed on a minor for the commission of a non-homicidal offense. Comstock presented the Court with the opportunity to expound on the breadth of the Necessary and Proper Clause.
The book is presenting some elements of comparative law concerning the safety measures, in legislations such as French criminal law, Belgian criminal law, Italian criminal law, Swedish criminal law, German criminal law,Spanish criminal law, South-African criminal law, Australian criminal law, Russian criminal law, British criminal law, Dutch criminal law, Danish criminal law and Irish criminal law. Also, is presenting the framework of regulations and characterization of safety measures, special seizure and other safety measures, such as confiscation of wealth, contraventional seizure and additional penalties. Therefore, is taking into account aspects such as special seizure in the field of corruption crimes, in the field of money laundering, in the customs field, in the field of hunting and the protection of the game stock, in forestry, in the field of fishing and fish farming, in the illegal traffic of drugs and human trafficking. Is a valuable work through these all comparative elements.
International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.
The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.
This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences; transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction, and; the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.
This paper will elaborate historical perspective of the EU in the area of the judicial cooperation in criminal matters through analysis of the EU Treaties (from the Maastricht to the Treaty of Lisbon) and major institutional changes they introduced. The paper will also elaborate key strategic documents for judicial cooperation in criminal matters in the EU Law from the European Council’s Summit in Tampere to the Stockholm Programme and the Action Plan for its implementation. The paper will further present institutions/bodies of the EU which are the most relevant in the framework of freedom, security and justice. The paper will present an overview of crucial changes and challenges which entering of the Lisbon Treaty into force brought for judicial cooperation in criminal matters in the EU law. The paper will briefly present the legislation in force as well as legislation in progress in the area of judicial cooperation in criminal matters in the EU Law and the main characteristics of each specific instrument. The paper will conclude with presenting the major perspectives and challenges ahead of the area of freedom, security and justice in the near future.