Audi Alteram Partem in Criminal Proceedings PDF Download
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Author: Stefano Ruggeri
Publisher: Springer
ISBN: 3319545736
Category : Law
Languages : en
Pages : 706
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Book Description
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.
Author: Stefano Ruggeri
Publisher: Springer
ISBN: 3319545736
Category : Law
Languages : en
Pages : 706
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Book Description
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.
Author: Ronald F. Wright
Publisher: Oxford University Press
ISBN: 0190905441
Category : Law
Languages : en
Pages : 696
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Book Description
The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
Author: Sette, Raffaella
Publisher: IGI Global
ISBN: 1605668737
Category : Education
Languages : en
Pages : 320
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Book Description
Presents state-of-the-art research and teaching into the study of corruption and those affected by it. Analyzes the benefits and disadvantages of various teaching methodologies in universities, police academies, and crime victim services.
Author: Lorena Bachmaier Winter
Publisher: Springer
ISBN: 3319939165
Category : Law
Languages : en
Pages : 289
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Book Description
This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
Author: Antonio D'Agata
Publisher: Giuffrè Editore
ISBN: 8814111413
Category : Political Science
Languages : it
Pages : 616
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Book Description
Author: Rahman, Hakikur
Publisher: IGI Global
ISBN: 1466620722
Category : Computers
Languages : en
Pages : 547
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Book Description
Information technology is everywhere. As we continue to expand our use of ICT in all aspects of our lives, the use of information communication technology has been developed in support of engaging citizens in the government decision making process. Cases on Progressions and Challenges in ICT Utilization for Citizen-Centric Governance is a collection of case studies on the advancements and challenges of information technology in the involvements of citizens with the government. With contributions from authors around the world, this compilation is relevant to researchers, academics, and practitioners who wish to stay informed of the new world of technology in the government.
Author: Torsten Frank Koschinka
Publisher: Kluwer Law International B.V.
ISBN: 9041158502
Category : Law
Languages : en
Pages : 410
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Book Description
Every legal system, at the outset of court proceedings, has rules aimed at safeguarding parties' interests during the time needed to obtain a judgment on the merits. However, as the European Commission put the case in a 1997 communication, 'a comparative survey of national legislation reveals that there are virtually no definitions of provisional/protective measures and that the legal situations vary widely. The only convergence that can be ascertained is between the function of such measures.' Recognizing that after almost twenty years the issues noted by the Commission have not found a satisfactory solution, here at last is a book that collects and compares the ideas behind the 'preliminary injunction' (an expression the authors use as a general term for a great variety of provisional and precautionary measures) with an eye to defining and organizing this small but very important aspect of the law. Although the analysis touches on relevant measures from many countries, the authors focus on the national legislation in four EU Member States – England, France, Germany, and Italy – to highlight the nature of the differences these kinds of measures entail. They compare and contrast such aspects as the following: – differences in civil procedure; - the types of measures that may be taken; - the terms on which preliminary injunctions, which are normally directly enforceable, may be ordered by a court; - the kind of assets that may be affected; - the relationship between proceedings in an interlocutory action and proceedings on the substance; - necessity of credible evidence that immediate and irreparable injury, loss, or damage will result if no preliminary injunction is granted; and - the role of protective measures in summary proceedings. The study also describes and examines the recent European order for payment (EC Regulation No. 1896/2006), the most significant existing transnational instrument aimed at granting preliminary protection of creditors' rights. This incomparable book represents a major contribution to a growing debate, particularly in Europe, on ways and means of securing equivalent protection for all litigants. Given the variety of legal systems and of measures available, the debate will have to focus on the functions served by provisional/protective measures, the minimum conditions to be satisfied, the adversary procedure requirement, the enforceability of the measures, and possible redress procedures. There is no more thorough and reliable resource available to clarify these issues for practitioners and interested policymakers everywhere.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1128
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Book Description
Author: Yvon Dandurand
Publisher: United Nations Publications
ISBN: 9789211337549
Category : Law
Languages : en
Pages : 0
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Book Description
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Author: Francesco De Franchis
Publisher: Giuffre
ISBN:
Category : Law
Languages : it
Pages : 1490
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Book Description
