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In: The journal of communist studies, Band 9, Heft 1, S. 150-160
The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by what functionalist theories of European integration might refer to as a spill-over of approaches. Necessities of crossborder crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as 'administrative networks.'
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In: Tribal legal studies series
Introduction to American criminal law concepts -- Comparing tribal criminal law and American criminal law -- Using American criminal law to control American Indian Nations -- Traditional law today -- Introduction : what is criminal jurisdiction? -- Traditional criminal jurisdiction -- Limitations on tribal criminal jurisdiction imposed by the United States -- Exercising jurisdiction over crimes committed by non-Indians -- Criminal jurisdiction as defined by tribal courts -- Tribal criminal jurisdiction reform : the Tribal Law and Order Act and the Violence Against Women Act -- State and tribal court collaboration -- Overview of criminal laws : statutes and procedures -- The mental state -- A closer look at criminal elements -- Is helping a criminal act? Preliminary crimes and accomplice liability -- Criminal defenses -- The burden of proof -- Rights of criminal defenders -- The law of arrest -- Interrogations and confessions : the right to remain silent -- Search and seizure -- The Exclusionary Rule : remedies for civil rights violations --The right to an attorney/advocate -- Defendant rights at trial -- Victims' rights -- Sentencing : fines and incarceration -- Tribal restorative justice
In: Yearbook of European law, Band 31, Heft 1, S. 373-401
ISSN: 2045-0044
In the article the author argues that criminal legal awareness is an element of public legal consciousness, which is a set of legal views and feelings, legal ideals, ideas, theories, concepts that are normative in nature and include both knowledge of criminal law phenomena and assessment them in terms of social justice, as well as new legal requirements for improving criminal law regulation and criminal law protection of public relations of goods and interests, the practice of their application that reflect economic and political needs and interests of social development. The formation of criminal law legal consciousness is a complex and ambiguous process that takes place under the influence of many factors - socio-economic, sociopolitical, psychological and others. In it a significant role belongs to the ratio of criminal law legal consciousness with moral consciousness. Only with their complete coincidence can we talk about the morality of criminal law legal consciousness, and in the end, when through the criminal law ideology the latter is transformed into the rule of law, and the morality of criminal law. The article argues that the national criminal law mentality is a holistic system of mental, emotional, cultural characteristics, values and attitudes of the people, which reflects the assessment of criminal law as a system of regulation and protection of critical social relations, benefits and interests and practices of its application that takes place on the basis of historical dimension and formed on the basis of this general requirements for legislative and law enforcement processes.
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In: Gosudarstvo i pravo, Heft 2, S. 118
The paper aims are to highlight the process of institutionalization of sociology of criminal law, identify epistemological origins and formulate theoretical and methodological foundations of one of the most important areas of legal knowledge. The paper considers the role of the largest experts in the field of history and theory of legal doctrines, analyzes the views of E. Ferry, E. Ehrlich and other thinkers and justifies the priority of domestic lawyers in the use of sociological methods of analysis of criminal phenomena and social processes, in the formation of sociology of criminal law as an interdisciplinary field of jurisprudence. Special attention is paid to systematization of the accumulated research experience, the role of the sociology of law in regulatory enforcement of the Decree of the President of the Russian Federation No. 204 of May 7, 2018 "On the national goals and strategic objectives development of the Russian Federation for the period up to 2024", and developed by the Russian Government's National projects designed to achieve economic breakthrough in the country's development.
Theory of international criminal law -- Principles of liability and participation in international criminal law -- Defences in international criminal law -- State jurisdiction and immunities -- War crimes and grave breaches -- Crimes against humanity -- Genocide -- Offences against the person -- International criminal law of the sea -- Terrorism -- Transnational offences 1 -- Transnational offences 2 -- Extradition -- Abduction -- Mutual legal assistance -- Mutual legal assistance : national perspectives -- International police co-operation -- Evidence before the ad hoc tribunals -- Nuremberg, Tokyo and the birth of modern international criminal law -- The international tribunals for Yugoslavia and Rwanda -- The permanent international criminal court -- Internationalised domestic criminal tribunals
Contents -- List of Contributors -- The Shifting Meaning of Legal Certainty -- 1 The Shifting Meaning of Legal Certainty -- 2 Chapters -- Part I: Perspectives from Private Law -- Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law -- 1 Introduction -- 2 The Notion of Legal Certainty in General and in Private Law in Particular -- 3 Legal Certainty Discussed with the Example of EU Private Law -- 4 Legal Certainty Discussed with the Example of Austrian Private Law -- 5 Legal Certainty Discussed with the Example of Japanese Private Law
Despite the fact that India is a civilised nation, it has failed to codify prisoners' rights. There are approximately 1400 jails in India, and without such restrictions, the rules exist only on paper, and many jail administrators also disregard them. The assumption is frequently made that inmates are uninformed of these rights and processes and that their rights are frequently violated without their agreement. V.R. Krishna Iyer (J) makes an accurate observation. Criminality is a terrible thing, and the purpose of criminal legislation is to keep it to a minimum. Historically, 'this' meant to accomplish it via harsh punishment of criminals. The concept acquired traction gradually, and the appropriate response should not be one of denunciation and suffocation. Rather than becoming a rapist, he will be rehabilitated and reintegrated into society. Among the numerous forms of punishment accessible in our criminal justice system, including fines, jail, and capital punishment, imprisonment provides the greatest potential for reform and rehabilitation. This research paper examines the circumstances of inmates in Indian jails, as well as abuses of their constitutional and human rights. Additionally, this essay would highlight why it is important to improve prisoner care and why protecting their human rights is critical. Additionally, the author would bring up the issue of fair pay for inmates and the implementation of labour regulations. Additionally, it will examine the judiciary's perspective on the issue and provide a decision about the improvement of inmates' conditions and the protection of their rights.
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Despite the fact that India is a civilised nation, it has failed to codify prisoners' rights. There are approximately 1400 jails in India, and without such restrictions, the rules exist only on paper, and many jail administrators also disregard them. The assumption is frequently made that inmates are uninformed of these rights and processes and that their rights are frequently violated without their agreement. V.R. Krishna Iyer (J) makes an accurate observation. Criminality is a terrible thing, and the purpose of criminal legislation is to keep it to a minimum. Historically, 'this' meant to accomplish it via harsh punishment of criminals. The concept acquired traction gradually, and the appropriate response should not be one of denunciation and suffocation. Rather than becoming a rapist, he will be rehabilitated and reintegrated into society. Among the numerous forms of punishment accessible in our criminal justice system, including fines, jail, and capital punishment, imprisonment provides the greatest potential for reform and rehabilitation. This research paper examines the circumstances of inmates in Indian jails, as well as abuses of their constitutional and human rights. Additionally, this essay would highlight why it is important to improve prisoner care and why protecting their human rights is critical. Additionally, the author would bring up the issue of fair pay for inmates and the implementation of labour regulations. Additionally, it will examine the judiciary's perspective on the issue and provide a decision about the improvement of inmates' conditions and the protection of their rights.
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In: ASIL studies in international legal theory
This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Band 18, Heft 1, S. 38-38
ISSN: 2331-4117
Modern criminal legislation of Ukraine is the combination of systematic and specific legislative acts that define the bases and principles of criminal responsibility, sentencing, release of liability and punishment.
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