Audi Alteram Partem In Criminal Proceedings
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| Author | : Stefano Ruggeri |
| Publisher | : Springer |
| Total Pages | : 706 |
| Release | : 2017-04-12 |
| Genre | : Law |
| ISBN | : 3319545736 |
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 | : A. D. E. Lewis |
| Publisher | : Cambridge University Press |
| Total Pages | : 252 |
| Release | : 1994-04-07 |
| Genre | : Law |
| ISBN | : 0521441994 |
The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
| Author | : M. Cherif Bassiouni |
| Publisher | : BRILL |
| Total Pages | : 501 |
| Release | : 2023-11-27 |
| Genre | : Law |
| ISBN | : 9004637745 |
This book contains a collection of articles by authors from countries in Africa. The topics cover a wide range of issues in the administration of criminal justice and human rights. The different scholarly contributions facilitate a better understanding of certain aspects of the administration of criminal justice in the African sub-region and focus on specific human rights issues as they relate to international and African instruments on the protection of human rights.
| Author | : Serena Quattrocolo |
| Publisher | : Springer |
| Total Pages | : 744 |
| Release | : 2019-01-21 |
| Genre | : Law |
| ISBN | : 3030011860 |
This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
| Author | : Aaron Xavier Fellmeth |
| Publisher | : Oxford University Press |
| Total Pages | : 323 |
| Release | : 2009 |
| Genre | : Foreign Language Study |
| ISBN | : 0195369386 |
This provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or 'restored' one. Each entry is also cross-referenced to related terms for ease of use.
| Author | : Miguel João Costa |
| Publisher | : BRILL |
| Total Pages | : 675 |
| Release | : 2019-09-24 |
| Genre | : Law |
| ISBN | : 9004411216 |
In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.
| Author | : Karolina Kremens |
| Publisher | : Routledge |
| Total Pages | : 349 |
| Release | : 2021-03-26 |
| Genre | : Law |
| ISBN | : 1000291081 |
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
| Author | : Steve Peers |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 2013 |
| Release | : 2021-11-18 |
| Genre | : Law |
| ISBN | : 1509933506 |
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
| Author | : Lorena Bachmaier Winter |
| Publisher | : Springer |
| Total Pages | : 289 |
| Release | : 2018-11-02 |
| Genre | : Law |
| ISBN | : 3319939165 |
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 | : Carlo Guarnieri |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 233 |
| Release | : 2020-05-29 |
| Genre | : Law |
| ISBN | : 1839100362 |
This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.
