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Author: Josep Maria Tamarit Sumalla
Publisher:
ISBN: 9781780681436
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Author: Lorena Bachmaier Winter
Publisher: Kluwer Law International B.V.
ISBN: 9403521325
Category : Law
Languages : en
Pages : 631
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Spain. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Spain. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1107057078
Category : Law
Languages : en
Pages : 839
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Book Description
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Author: José Becerra
Publisher: Springer Nature
ISBN: 3030713482
Category : Law
Languages : en
Pages : 233
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Book Description
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Author: Linda Tigges
Publisher: Sunstone Press
ISBN: 1632931869
Category : History
Languages : en
Pages : 374
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Book Description
Women in early 18th century Spanish Colonial New Mexico had rights and privileges under Spanish law that were not enjoyed by other women in North America until the late 19th and early 20th century. Women were considered separate entities under the law and valuable members of Spanish society. As such, they could own property, inherit in their own name, and act as court witnesses. In particular they could make accusations and denunciations to the local alcalde mayor and governor, which they frequently did. The documents in this book show that Spanish Colonial women were aware of their rights and took advantage of them to assert themselves in the struggling communities of the New Mexican frontier. In the documents, the women are shown making complaints of theft, physical and verbal abuse by their husbands or other women, and of non-payment of dowries or other inheritance. Other documents are included showing men accusing women of misrepresenting property ownership and dowry payments and of adultery and slander. Spain was a legalistic society and both women and men used the courts to settle even minor matters. Because the court proceedings were written down by a scribe and stored in the archives, many documents still exist. From these, thirty-one have been selected allowing us to hear the words of some outspoken Spanish women and the sometimes angry men, speaking their minds in court about their spouses, lovers of their spouses, children, and relatives, as well as their land, livestock and expected inheritance. The documents translated into English in this book are a small number of the existing documents held in Santa Fe at the Spanish Archives of New Mexico, at the Bancroft Library at University of California, the Archivo General de la Nacion in Mexico City, and elsewhere. A synopsis, editor’s notes, maps, and biographical notes are provided. The material can be considered a companion, in part, to Ralph Emerson Twitchell’s 1914 two volumes, The Spanish Archives of New Mexico, available in new editions from Sunstone Press. Sunstone Press has also published a Spanish/English edition both in both hardcover and softcover.
Author: Josep Maria Tamarit Sumalla
Publisher:
ISBN: 9781780681436
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Category : Law
Languages : en
Pages : 427
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Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150641
Category : Law
Languages : en
Pages : 432
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Book Description
This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.
Author: Adán Nieto Martín
Publisher: Palgrave Macmillan
ISBN: 9783030848309
Category : Political Science
Languages : en
Pages : 112
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Book Description
This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
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: United States. Congress. Commission on Security and Cooperation in Europe
Publisher:
ISBN:
Category : Family & Relationships
Languages : en
Pages : 104
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Book Description
