International Co-operation in Civil and Criminal Matters

International Co-operation in Civil and Criminal Matters
Author: John David McClean
Publisher: Oxford University Press, USA
Total Pages: 508
Release: 2002
Genre: Language Arts & Disciplines
ISBN: 9780198269908

For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stabilities of states, and governments and international organizations have been quick to expand past civil law experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This new edition draws on recent international events, new legislation, and important developments under the aegis of the EC, but retains an important awareness of both civil and criminal dimensions. It will be a useful book to litigation professionals, legislators, and policy-makers.

Proceedings of a Workshop on Deterring Cyberattacks

Proceedings of a Workshop on Deterring Cyberattacks
Author: National Research Council
Publisher: National Academies Press
Total Pages: 400
Release: 2010-10-30
Genre: Political Science
ISBN: 0309160359

In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.

Extradition

Extradition
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 168
Release: 2006-01-01
Genre: Law
ISBN: 9287160767

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.

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)
Author: Martyna Kusak
Publisher: Maklu
Total Pages: 245
Release: 2017-01-26
Genre: Law
ISBN: 9046608409

Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings
Author: Julia Planitzer
Publisher: Edward Elgar Publishing
Total Pages: 611
Release: 2020-12-25
Genre: Law
ISBN: 1788111567

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

Blueprint for an EU Criminal Records Database

Blueprint for an EU Criminal Records Database
Author: Gert Vermeulen
Publisher: Maklu
Total Pages: 102
Release: 2002
Genre: Law
ISBN: 9789062158423

This book presents the conclusions of a study, concerning the legal, politico-institutional and practical feasibility of an EU criminal records database. The November 2000 Mutual Recognition Plan called for such a study in view of the individualisation of sanctions by judges in the member states and the mutual recognition of disqualifications. The purpose is to find the best way the member states' competent authorities can be informed of an individual's criminal convictions. The study developed recommendations concerning the content and the organisation of an EU criminal records database, taking into account requirements of data protection, identification, notification of the persons involved, rehabilitation and translation. Access to the database by member states, EU bodies, third bodies and third states has been clearly defined, as well as access for employees in vulnerable professions. The proposal for an EU criminal records database takes due account of extensive feedback received from the bodies involved in international exchange of criminal records information and key-actors from the EU member states' and candidate member states' competent authorities. In addition, the responses of these states to the research questionnaire were collected and included. Undoubtedly, this book will be an asset to everyone who is interested in the exchange of information between the EU member states and bodies in criminal matters.