Author:
Publisher:
ISBN: 9788491196280
Category : Education
Languages : es
Pages :

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Author: Raúl Washington Abalos
Publisher:
ISBN:
Category :
Languages : es
Pages : 501

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Author: Raúl Washington Abalos
Publisher:
ISBN: 9789509099210
Category : Criminal procedure
Languages : es
Pages :

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Author:
Publisher:
ISBN: 9789588918914
Category :
Languages : es
Pages : 447

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Author: Andrés Baytelmán A.
Publisher:
ISBN: 9786124077876
Category :
Languages : es
Pages : 397

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Author: Miguel Rafael Pérez Arroyo
Publisher:
ISBN: 9789968561822
Category :
Languages : es
Pages : 412

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Author: Tatjana Hörnle
Publisher:
ISBN: 9786078875009
Category :
Languages : es
Pages : 0

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Author:
Publisher:
ISBN: 9788490207390
Category :
Languages : es
Pages : 430

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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: 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.