In: Martin Ebers, Chapter 12: Legal Tech and EU Consumer Law, in: Michel Canarsa/Mateja Durovic/Francisco de Elizalde/Larry di Matteo/André Janssen/Pietro Ortolani (eds.), Lawyering in the Digital Age, Cambridge: Cambridge University Press, 2021.
Criminal procedure in China had been governed by the 1979 Criminal Procedure Law (CPL 1979). This was amended in 1996 (the Amendment). In many aspects, the Amendment introduces important changes to the previous procedures and significantly redistributes the existing division of powers within the criminal justice system. It restricts police power and the prosecution's discretion. It enhances the position of the court and differentiates the role of judges. It also offers more protection for the rights of the accused and enhances the position of defence lawyers in the criminal process in substantive and procedural aspects. Consequently criminal lawyers are expected to play a more active and meaningful role in criminal defence.
Struggling for companionate justice -- Crimes of justice -- The notion of international legal personality -- Traditional recognition of Palestine -- Violations of international peremptory criminal law -- The mens rea of political laundering crucifying Al-Quds/Jerusalem -- Actus reus of the declaration implying the guilty mind -- Characterising dignity through the exploitation of legal personality -- Conclusion.
Dieses Werk enthält Forschungsergebnisse zu Fragestellungen bezüglich der Auswirkungen von Legalitätsmaximen und der Regulierung von Machtbefugnissen in verschiedenen Rechtsbereichen aus südafrikanischer und deutscher Perspektive, die in Zusammenarbeit der Universitäten Augsburg und Johannesburg entstanden sind. Aktuelle Themen werden von Wissenschaftlern aus Deutschland eingeführt und anschließend von südafrikanischen Kollegen reflektiert. Dies führt zu einem besseren Verständnis ungeklärter Rechtsfragen beider Rechtssysteme. Mit Beiträgen von Martina Benecke, Michael Biesinger, Isabella Brosig, Jennifer Hölzlwimmer, Michael Kort, Maximilian Kübler-Wachendorff, Stefan Lorenzmeier, Thomas M.J. Möllers, Thilo Rensmann, Matthias Rossi, Wolfgang Wurmnest.
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On the basis of the conducted research on the directions of the criminal and penal–executive policy with regard to minors, the author of the article draws the following conclusions. The processes of humanization of criminal and penal enforcement laws affect under–age criminals, adjusting the procedure for appointing and executing criminal punishment, including deprivation of liberty. Despite these trends in recent years, the problem of juvenile delinquency is a fairly massive social and legal phenomenon. Thus, the analysis of statistical data has shown that juvenile delinquency grows 7 times faster than the total number of the population of this age group changes, and in some regions, minors determine the crime situation as a whole. The reason for repeated crimes committed by former juvenile convicts is that returning part of this category of people to the society is predisposed to spreading and propagating criminal "prison" traditions and customs among their peers, as well as among younger people, which contributes to the support and growth of criminogenic the potential of society. One of the directions of the criminal and penitentiary policy of Russia is the penitentiary and post-penitentiary resocialization of persons serving sentences in the form of deprivation of liberty, in particular minors. Thus, the process of training juveniles sentenced to release and creating conditions for their full integration into society is the most important task not only of educational colonies, but also of government bodies and civil society institutions. The absence of a federal law on the social adaptation of persons released from places of deprivation of liberty creates difficulties for minors in the process of resocialization. Adoption of this law is an important component and the main content of the law should be the establishment of strict control over the behavior of these individuals, and mainly the guarantee of state aid to them in the process of returning to normal life in society.
In: Carlson , K 2018 , Model(ing) Justice : Perfecting the Promise of International Criminal Law . Law & Society , Cambridge University Press , USA . https://doi.org/10.1017/9781108278157
The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. The book proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.
This article critically examines the claim that EPPO is a proper federal supranational prosecutor. The article observes that the EPPO among policymakers and commentators appears to be a hallmark of the transformation of EU criminal law from an intergovernmental paradigm to a strong federal and supranational polity. The EPPO primarily stands out among other EU agencies by having been conferred with an independent competence to prosecute crimes relating to the common EU financial interest. By establishing the EPPO, the Union has practically assumed such competences that traditionally belong to the central government in a federal state. The article discusses comprehensively the scope, nature and limits to the EPPO's powers as well as its operating structure in light of Article 86 TFEU and the recently adopted EPPO Regulation. It departs from the basic assumption that the EPPO stands in the midst of supranationalism and intergovernmentalism. Whilst the EPPO is envisaged to be independent from the Member States, the EPPO's complicated, multifaceted and vertical structure entails that Member States maintain a certain direction of its activities. It, however, argues that a general assessment of the EPPO's operational and strategic direction (where its operational activities are managed and supervised by centralised 'European' prosecutors), and the type (direct criminal enforcement powers) and nature of its powers (criminal prosecutorial powers) makes it distinctive as the most 'integrated' and 'supranational' EU agency.
Приведены краткие результаты исследования современного состояния и особенностей развития конституционно-правовых основ североамериканского федерализма в условиях нестабильности политической ситуации, финансово-экономических условий и необходимости изменения федерального миграционного законодательства. The paper presents brief results of the research of the modern state and peculiarities of development of the constitutional-legal framework of the North American federalism in conditions of instability of the political situation, economic and financial conditions, and the need to change Federal immigration laws.
I am going to consider the UN Foreign (Terrorist) Fighter FTF regime from a different perspective, by exploring how the regime interacts with both the international law relating to terrorism and international criminal law. I will to do this by looking first at the definition of terrorism and then at how the UK Supreme Court approached the issue of terrorism and armed conflict. In addition, I am going to apply a little prosecutorial pragmatism to these difficult legal issues, and suggest that we focus on the crime.
WHO stated there was an additional variants of the Corona virus that were more easily transmitted and resistant to vaccines. The Indonesian government required to prevent the entry of these variants into Indonesian territory. This prevention realized by implementing a quarantine policy which guided by Law Number 6 of 2018 on Health Quarantine. However, there is a gap between the number of violations and the low rate of case resolution. One of the causes is people's non-compliance with quarantine provisions after traveling abroad. This contradicted by the purpose of the Health Quarantine Act. This study aims to describe the legality and legal construction of the Health Quarantine Act formulation. This research was a normative juridical by using a statute approach and a conceptual approach. The results of the study indicate that violations of the Health Quarantine Act can be punish in order to provide certainty and law enforcement based on the ultimum remedium principle if they meet the provisions of the Health Quarantine Act. Thus, evaluation of legal content related to juridical consequences, and socialization as a persuasive effort and communication strategy need to be carried out so that transparency of legal consequences can be accepted and obeyed by the community.