Criminal law 74 results

This book examines the question why – from an economic perspective – society should enforce certain violations through criminal law, while others through private or administrative law.

Criminal law on hate speech has become a hotly debated topic in the past decade. How to deal with hate speech in an increasingly pluralist society has become a pressing question. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales – including the influence of European and international law – have developed since 2001 and how this can be explained by reference to their historical origins.

Since the 9/11 attacks combating terrorism has gained top priority within Dutch politics. This book discusses the scope of the preventive-oriented Dutch anti-terrorism legislation and its impact on fundamental legal rights and principles of law as enshrined in the European Convention on Human Rights. It analyses criminal liability for terrorist offences and discuses in particular the level of suspicion that is required to apply state powers to prevent acts of terrorism in light of the relevant fundamental legal rights.

This thirty second volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in December 2008. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.

This twenty-seventh volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005.

This thirty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2007-2008.

This book describes and analyses the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition and the EU arrest warrant. The Swedish law and practice in international criminal law is particularly significant for two main reasons. It is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism, designed to facilitate “user-friendliness”. Secondly, the Nordic countries, because of a common history, and shared language and cultural factors, have long had a very high and effective degree of cooperation in international criminal law matters.

This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the EU, through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualises and contextualises the lack of clear vision in the building up of the area of freedom, security and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint.

Everybody who is arrested or questioned by the police on suspicion of involvement in a criminal activity has certain rights, such as the right to remain silent or to consult a lawyer. This book gathers information on the way suspects in the EU Member States are informed in writing of their rights in criminal proceedings. Subsequently a normative framework has been developed based on the jurisprudence of the ECtHR to establish standards and a legal basis for information that should be given to the suspect in the initial phase of police investigations. Finally a model has been developed for an EU-wide Letter of Rights.

This book offers the reader a broader view of the human rights approach towards combating corruption - including the arguments of those who oppose this approach - while it also considers how corruption may violate individual civil, political, economic, social and cultural human rights.

The infamous abduction of Adolf Eichmann in Argentina on 11 May 1960 and the recent kidnapping of suspected terrorist Abu Omar in Italy on 17 June 2003 show that the use of irregular means was and is still considered an option in apprehending suspects, especially when the interests are (considered to be) strong. This study’s central question is how the ICC currently copes with the dilemmas that a male captus case can give rise to and how this approach is to be assessed.

Every year, millions of people across Europe – innocent and guilty - are arrested and detained by the police. Based on a three year research study, this book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. It is essential reading for academics, researchers, students, defence lawyers and policy-makers in the area of criminal justice in Europe.

This book provides an overview of the role of the independent administrative authorities assigned to the oversight of financial markets, by outlining both the historic and economic background, the warp and the weft of the European system, and where these authorities have emerged and now operate.

This book collects contributions from European countries that have created ‘fusion centres’ or that have attributed the ‘all-source threat assessment’ assignment to an existing body. The result paints a specific and valuable picture and gives a unique insight into the way integrated analyses are produced, not in the least because all contributions were written by people from within the fusion centres; not by outsiders.