Suchergebnisse

Du début à la fin du XHIe siécle, l'appréciation des témoignages et preuves par les tribunaux ecclésiastiques catholiques a considérablement évolué. Le système de procédure criminelle qui se fait jour durant cette période comporte de nombreux éléments qui seront plus tard inscrits dans nos lois. Nous en isolerons deux: d'abord le principe selon lequel les juges ne peuvent condamner que s'il y a crime ou délit avéré, ce qui annonce notre actuelle présomption d'innocence; deuxièmement le corps de preuves à constituer pour conclure à culpabilite. Il y eût en ce domaine aussi une évolution importante. Cet article en examine les aspects les plus importants et en esquisse la logique.

Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition --Front flap of book

Prior to World War II, Hungary had no written constitution. The Arany Bulla (Golden Bull) in 1222, the Pragmatica Sanctio in 1723, and the Compromise of 1867 were considered basic laws, because they regulated the relations between the king and the "nation" (i.e., the nobility) and contained certain safeguards against tyrannical (arbitrary) government. Before the Compromise, justice was administered by the local (county) government for all inhabitants without state-wide supervision, except for the serfs who were subject to their landlords. The Compromise of 1867, which created a constitutional dual monarchy for Austria and Hungary, was the outgrowth of the revolution of 1848. The immediate results of this revolution were the emancipation of the serfs and the establishment of the Ministry of Justice. Law No. IV of 1869 unified the judicial system nationally by removing judicial power from the jurisdiction of the counties.

Although as old as politics itself, terrorism as an international security problem has not yet received its unique definition. The purpose of this paper is to consider the necessity having a generally accepted definition of terrorism in the form of political violence as the basis on which terrorism will find its place in international criminal law. The first part of the paper is dedicated to the general consideration of international criminal law and the International Criminal Court. The second part of the paper examines the existing definitions of terrorism and analyzes terrorism as a crime in international criminal law. Terrorism has long transcended national borders and is no longer a threat only to sovereign states but also to international peace and the security of both the individual and society as a whole. With the expansion of terrorism and increasingly brutal ways of expressing this type of crime, there is a need for even closer international criminal cooperation of sovereign states in the development of legal mechanisms for the prevention and punishment of perpetrators of these criminal acts. By reviewing relevant literature concerning itself with such topics and comparing different understandings of the concept of terrorism from legal, political, and security science sources, we conclude that clarifying the definition of terrorism as an international security problem will, lead to its complete characterization as an international criminal act.

This textbook provides students and law enforcement officers with the fundamentals of the criminal investigation process, from arrival on the scene to trial procedures. Written in a clear and simple style, Criminal Investigation: Law and Practice surpasses traditional texts by presenting a unique combination of legal, technical, and procedural aspects of the criminal investigation. The hands-on approach taken by the author helps to increase the learning experience.Criminal Investigation: Law and Practice, Second Edition, has been written to provide future law enforcement officers wit.

What is Transnational Crime? -- What is Transnational Criminal Law? -- Piracy and Maritime Safety Offences -- Slavery and Human Trafficking -- Migrant Smuggling -- Drug Trafficking -- Terrorism -- Transnational Organized Crime -- Corruption -- Money Laundering -- Cybercrimes -- Environmental Crimes -- Firearms Trafficking -- Illicit Traffic in Cultural Property -- Emerging Transnational Crimes -- Jurisdiction -- International Law Enforcement Cooperation -- Legal Assistance -- Asset Recovery -- Extradition of Transnational Criminals -- Institutions -- Implementation and Compliance -- The Future Development of Transnational Criminal Law

We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a theory of criminal law, as an institution that can play an important but limited role in the civil order of a political community: it shows how criminal law could be ordered, principled, and restrained

Engaging with the dominant contemporary literature on criminal law, prevention, risk, security and criminalisation, this text deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. It reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition