Explanatory Report on the European Convention on the Transfer of Proceedings in Criminal Matters PDF Download
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Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287107640
Category : Political Science
Languages : en
Pages : 88
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Book Description
Convention opened for signature on 15.5.72
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287107640
Category : Political Science
Languages : en
Pages : 88
Get Book Here
Book Description
Convention opened for signature on 15.5.72
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287107954
Category : Law
Languages : en
Pages : 40
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Book Description
The Convention opened for signature on 23 June 1985
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287117151
Category : Performing Arts
Languages : en
Pages : 36
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Book Description
Subtitle on cover: Strasbourg, 5.5.1989. In English and French
Author: Kris Hinterseer
Publisher: Kluwer Law International B.V.
ISBN: 9041198644
Category : Law
Languages : en
Pages : 514
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Book Description
As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.
Author: Alejandro Hernández López
Publisher: Springer Nature
ISBN: 3031156919
Category : Law
Languages : en
Pages : 231
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Book Description
Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287160767
Category : Law
Languages : en
Pages : 168
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Book Description
The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.
Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9062158412
Category : Conflict of laws
Languages : en
Pages : 92
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Book Description
In order to fight international crime, most EU Member States have systematically extended their territorial and extra-territorial claims of jurisdiction. As a consequence of this evolution, an increasing number of international crimes can be prosecuted in more than one State.Therefore, the question of whether a crime will be prosecuted has become subordinate to the question of which State is in the best position to prosecute. This phenomenon is of major importance since conflicts of jurisdiction have significant consequences for the States and the individuals involved. Not only criminal law, but also criminal procedure law differs from country to country.The change of forum for an international case can therefore be detrimental both to the offender's and the victim's legal status. Article 31 d of the Treaty on European Union shows that the European Union shares this concern. In order to contribute to the enhancement of an area of freedom, security and justice within the European Union, this article prescribes that conflicts of jurisdiction between Member States should be prevented. This book provides a new analysis of the question of how conflicts of jurisdiction can be prevented or solved and what the European Union's policy could be in that respect.A pragmatic, realistic, and short-term solution is proposed, paying specific attention to the rights of all parties involved.
Author:
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 640
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Book Description
Author: Monique Cormier
Publisher: Cambridge University Press
ISBN: 1108602517
Category : Law
Languages : en
Pages : 273
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Book Description
This book provides a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties. It is within the context of developments at the Court in recent years that this work addresses the overarching question: On what legal basis is the ICC authorised to exercise jurisdiction over nationals of non-States Parties? Engaging with ICC jurisprudence and building upon arguments developed in legal scholarship, this book explores the theory of delegated jurisdiction and critically examines the idea that the Court might alternatively be exercising jurisdiction inherent to the international community. It argues that delegation of territorial jurisdiction and implied consent by virtue of UN membership provide a legal basis to allow the ICC to exercise jurisdiction over nationals of non-States Parties in almost all situations envisaged by the Rome Statute.
