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The field of legal assistance in criminal matters is deeply influenced by, and intertwined with, international law. However, legal assistance in criminal matters, which accordingly has been traditionally ruled by conventional tools of mutual legal assistance, is beginning to change: Heretofore, legal assistance in criminal matters has been rendered in compliance with basic principles which reflect the international law parity of the interacting States while being open to modifications by way of bilateral or multilateral treaties between individual States. Now, far-reaching changes seem to be well underway: The European Union is gaining ground as a global player, aiming to implement an "Area of Freedom, Security and Justice". In order to reach this ambitious goal, a most important trend in criminal policy from a European perspective is to extend the principle of mutual recognition, which originally stems from the common market, to the area of criminal law. Taking an international perspective it is a remarkable evolution to see the European Union as an (arguably) idiosyncratic entity to commit its individual members to the fulfillment of obligations towards other non-Member States which the Member States themselves have not chosen. While both new approaches may be deemed more easily applicable beyond the realms of criminal law matters, namely in a commercial context, they indeed appear to be big steps in the sensitive area of criminal law which has traditionally been the sole responsibility of the sovereign State itself. Therefore the ongoing developments are bound to have international law repercussions. The following essay deals with these new developments in the field of legal assistance in criminal matters from a combined international and European perspective. We will be focusing specifically on the principle of mutual recognition since its implementation provides a litmus test for the state of procedural rights in the area of legal assistance in criminal law as well as its application within a reference-system previously governed by international law ultimately will modify international law. After describing foundational principles of legal assistance in criminal matters the ground will be prepared for further considerations by having a look at exemplary present application difficulties of mutual recognition, delve into the perspective of a rather radical simplification of transnational evidence gathering by application of the principle of mutual recognition. To give a complete picture we will examine the Intercontinental dynamics of legal assistance which has been put into effect under the rule of the European Union. ; peerReviewed

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards 'security'. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

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.

Shipping list no.: 2010-0441-P. ; "October 2010"--Foreword. ; Cover title. ; Includes bibliographical references and index. ; Authority and jurisdiction of Federal land management agencies -- Conspiracy and parties -- Constitutional law -- Courtroom evidence -- Courtroom testimony -- Criminal law -- Electronic law and evidence -- Federal court procedures -- Fourth Amendment -- Government workplace searches -- Officer liability -- Searching and seizing computers -- Fifth and Sixth Amendments -- Use of force. ; Mode of access: Internet.

Criminal law, which uses the strictest measures at the disposal of the legislator, requires particular caution in the interpretation of the concepts appearing in the repressive law. The concept of a child in criminal law cause many problems of interpretation, as it appears in many legal acts in a different sense. The publication is devoted to presenting the concept of a child in various legal acts and reflecting on the different meanings of the descriptions of the child made by the legislator and the legitimacy of the differentiations made by him. The question arises as to whether the creation of many different concepts describing a child is justified.

Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.

Provides a clear account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations, and immunities

Includes bibliographical references (p. [349]-364) and index ; This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents ; published_or_final_version ; Foreword ; Preface ; Introduction p1 ; Conclusion p323 ; Glossary p339 ; Bibliography p349 ; Index to Case Studies p365 ; Index p369 ; Pt. 1 Marxism in Deng's China p15 ; Pt. 2 Legal Reform and the Practice of Law: Case Studies in the Administration of Criminal Justice, 1979- 1989 p69 ; Pt. 3 Towards a Chinese Socialist System and a Chinese Theory of Law p245 ; Appendix 1: Structure of the Criminal Justice System of the People's Republic of China p329 ; Appendix 1: Law and Regulations of the People's Republic of China for Criminal Justice, 1949-1993 p331 ; Ch. 1 The Impact of Ideological Upheaval on the Legal System in China p17 ; Ch. 2 Deng Xiaoping's Ideas on Law p33 ; Ch. 3 Chinese Jurists' Perspectives on Law p43 ; Ch. 4 In the Wake of the Third Plenum: The Inception of Legal Reform p73 ; Ch. 5 The Prelude to Legal Order: The Inauguration of Criminal Justice, 1980-82 p87 ; Ch. 6 On the Threshold of Legality: 1983-85 p133 ; Ch. 7 Legal Reform in Progress: The Emergence of a Legal Society, 1986-89 p191 ; Ch. 8 Principles, Theory and Practice of Socialist Law in the First Decade of Legal Reform p247 ; Ch. 9 The 1989 Student Democratic Movement: A Legal Perspective p271 ; Ch. 10 Trials of Dissidents of the 1989 Democratic Movement: The Limits of Socialist Justice p297