Article 83(2) TFEU, introduced by the Treaty of Lisbon, confers a power on the EU to harmonise Member States' legislation to define criminal offences and criminal sanctions. Nonetheless, uncertainty persists as to whether this provision exhaustively determines the EU's power to adopt criminal law to enforce its policies. The article outlines the core case for viewing art.83(2) TFEU as a lex specialis. It argues that the post-Lisbon constitutional design, alongside principled and teleological considerations, support a Member State centred approach for criminal law competence. This is particularly the case with regard to the adoption of harmonisation measures.
This article explores the relationship between law and social work. It navigates the importance of the relationship and the similarities and differences between the objectives of legal and social work practitioners. It critically reviews transnational conventions and how individual countries have legislated to safeguard and promote the welfare of children and adults at risk. It reflects on how far nation-states uphold human rights and the rule of law and evaluates how social work has been positioned and has performed in different legislative contexts.
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.'
The article provides a comparative legal analysis of the criminal law of the CIS member states, the content of the norms defining the scope of criminal law. The author compares the approaches of criminal law on the territory of the CIS, the legal consequences of conviction for crimes committed in a foreign state, issues of extradition, timeliness, retroactive force of the criminal law recognized in the legislation of the CIS member states. On the basis of their positive experience, well grounded proposals and comments were made to improve the criminal legislation.
Purpose – The purpose of this article is to provide the reader with some information on the development of liability of legal persons for violations of international criminal law, its implementation practice in common and civil law countries as well as its perspectives of development in the European Union.
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
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.
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
Defence date: 9 June 2014 ; Examining Board: Professor Martin Scheinin, EUI (Supervisor) Professor Nehal Bhuta, EUI Professor William Schabas, Middlesex University, London Judge Christine Baroness Van den Wyngaert, International Criminal Court. ; This PhD thesis was awarded the Cappelletti Prize. ; Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise.
Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so that people can enjoy health care at affordable costs. In addition, hospitals must always maintain their professionals. The problem this paper about how is criminal law policy in health care and the methods is Normative legal research is research conducted by examining library materials. This research on normative literature includes research on legal principles, research on legal systematic, research on the levels of vertical and horizontal synchronization, comparison of law and legal history. The result is obtained are in addition to criminal law, namely Law Number 1 Year 1946 on the Criminal Code, there are also several criminal policy that regulate criminal law protection in health care or medical. The laws and regulations are Law Number 36 Year 2009 on Health, Law Number 44 Year 2009 on Hospitals, Law Number 29 Year 2004 on Medical Practice and many other laws and regulations related to criminal policy in the health sector. Since ancient Greece, legal science has touched almost all aspects of human life, except the medical field. Health workers who existed at that time regulated their own work methods with professional codes of ethics and oaths that were deeply rooted in tradition and had a strong influence on society.
The underrepresentation of Asian states as parties to the Rome Statute has elicited concerns that the region is significantly falling behind in developing and enforcing international criminal justice. This view accords significance to ratification of the Rome Statute as the primary measure of a country's willingness to give effect to the norms protected by international criminal law. However, the development of international criminal justice mechanisms and substantive law has not entirely escaped Southeast Asia, which has seen the adoption of a spectrum of approaches to international criminal justice, including the establishment of international(ised) criminal institutions, Rome Statute ratifications, and the adoption of domestic legislation addressing international crimes – as well as other transitional justice procedures.This thesis identifies the laws and institutions for prosecuting international crimes in Southeast Asia and considers the arguments presented by different actors to influence states' approaches toward international criminal justice. It suggests that a linear account of these developments as deriving from externally driven norm diffusion is incomplete. Instead, drawing particularly on the experiences of Cambodia, the Philippines and Indonesia, this thesis argues that states, international organisations and non-state actors in Southeast Asia have engaged in a process of localisation leading to the adaptation of the international criminal justice norm. The development of mechanisms for prosecuting international crimes across Southeast Asia challenges assumptions about the temporal progression of norm diffusion, spatial designations between 'local' and 'international' ideas and actors, and the direction in which ideas and influences evolve across the world.This thesis makes significant and original contributions to knowledge by applying a 'localisation' framework to analyse debates about international criminal justice, including with reference to three case studies, and by extending and updating earlier surveys of international criminal laws in Southeast Asian states.
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.
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.
