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European Criminal Law Review最新文献

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Universal Jurisdiction and International Crimes in German Courts – Recent Steps Towards Exercising the Principle of Complementarity after the Entry into Force of the Rome Statute 德国法院的普遍管辖权和国际罪行-《罗马规约》生效后为行使补充性原则所采取的最新步骤
European Criminal Law Review Pub Date : 2021-08-26 DOI: 10.5771/2193-5505-2021-2-242
Christoph Safferling, Gurgen Petrossian
{"title":"Universal Jurisdiction and International Crimes in German Courts – Recent Steps Towards Exercising the Principle of Complementarity after the Entry into Force of the Rome Statute","authors":"Christoph Safferling, Gurgen Petrossian","doi":"10.5771/2193-5505-2021-2-242","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-2-242","url":null,"abstract":"This article deals with recent developments in Germany in relation to international criminal cases. It describes how the German courts interpreted and applied the law on the cases and on the international crimes committed outside of Germany. In addition, it raises the alternative criminal prosecution of the persons who were involved in the international criminal activities abroad. Since 2015 the workload of German judiciary because of the active prosecution of international crimes was dramatically increased. Cases of international crimes are now part of everyday life for public prosecutors and courts in Germany. The number of cases has also led to the establishment of a modern jurisprudence on international criminal law. These developments are also of great interest outside of Germany, but remain largely unknown.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116524528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Prison Conditions and Judicial Cooperation in the EU – What Future for the European Arrest Warrant? 欧盟监狱条件与司法合作——欧洲逮捕令的未来?
European Criminal Law Review Pub Date : 2021-08-26 DOI: 10.5771/2193-5505-2021-2-188
Adriano Martufi
{"title":"Prison Conditions and Judicial Cooperation in the EU – What Future for the European Arrest Warrant?","authors":"Adriano Martufi","doi":"10.5771/2193-5505-2021-2-188","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-2-188","url":null,"abstract":"This article takes stock of the recent case law of the Court of Justice of the EU concerning prison conditions. This jurisprudence, inaugurated with the landmark case Aranyosi, deserves closer attention in that it shows that the CJEU has finally developed a ‘penological’ sensibility. The article posits that the emergence of concerns regarding prison conditions transforms the way in which surrender proceedings operate. It argues that executing judicial authorities are now called on to play a more active role, having to factor in the risk of inhuman and degrading treatment in the issuing state. The criteria devised by the Court to assess such risk are analysed in detail, as they constitute an attempt to strike a balance between the protection of fundamental rights and the principle of mutual trust. The article also claims that the individualised assessment of risks by an executing authority must rely on detailed empirical information regarding prisons in the issuing state. This makes the procedure more complex as it calls for the involvement of non-judicial actors (e.g. the ministry of justice) to provide such information. Finally, the article explores how competing interests (such as the fight against impunity across the EU) interact with the overarching task of protecting the rights and dignity of requested individuals.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"299 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123559657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Are All (Corporate) Wrongdoings the Same? Large Firms, Small Sized Enterprises and the Limits of a Monistic Approach in the EU Context 所有(公司)的错误都是一样的吗?大企业、小企业和欧盟背景下一元论的局限性
European Criminal Law Review Pub Date : 2021-08-26 DOI: 10.5771/2193-5505-2021-2-133
Nicola Selvaggi
{"title":"Are All (Corporate) Wrongdoings the Same? Large Firms, Small Sized Enterprises and the Limits of a Monistic Approach in the EU Context","authors":"Nicola Selvaggi","doi":"10.5771/2193-5505-2021-2-133","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-2-133","url":null,"abstract":"The article aims at understanding whether domestic legislators and EU, especially with regard to certain spheres of criminality, should be encouraged to take different approaches to corporate crimes in respect of small sized companies and broad shareholder-based companies or in any case corporations with large and developed organizations, particularly where ownership and management are drastically separated. The analysis is thus focused in the first place on the importance assigned, de jure and/or de facto, to ownership, management and size by different European legal systems. It considers then, in a more theoretical perspective, the main criticalities of the still prevailing monistic corporate criminal liability model. Finally, the concluding section contains indications for a proper allocation of responsibilities and sanctioning mechanisms.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125455996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Punitive Administrative Sanctions After the Treaty of Lisbon: Does Administrative Really Mean Administrative? 《里斯本条约》后的惩罚性行政制裁:行政真的就是行政吗?
European Criminal Law Review Pub Date : 2021-08-26 DOI: 10.5771/2193-5505-2021-2-156
Markus Kärner
{"title":"Punitive Administrative Sanctions After the Treaty of Lisbon: Does Administrative Really Mean Administrative?","authors":"Markus Kärner","doi":"10.5771/2193-5505-2021-2-156","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-2-156","url":null,"abstract":"This article analyses the dichotomy between administrative and criminal sanctions in European Union law and aims to establish which limits do the policy goals of the European Union set for the national transposition of administrative sanctions as opposed to criminal sanctions. The article discusses the difficulties in differentiating between administrative and criminal sanctions and gives an overview of the evolution of the European Union sanctioning system from the early competence disputes to the rationale behind the post-Lisbon parallel harmonisation of criminal and administrative sanctions. The final part of the article uses these findings along with the jurisprudence of the European Court of Justice to ascertain the key requirements for transposing European Union administrative sanctions into national law, namely whether the policy goals of the European Union require the formal non-criminal classification of the sanction as a way of negative harmonisation of criminal law.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124807971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Book Review: “The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings. A Comparative View” 书评:《刑事诉讼中律师的权利和律师-当事人特权的保护》。比较观点”
European Criminal Law Review Pub Date : 2021-08-26 DOI: 10.5771/2193-5505-2021-2-264
M. Fingas
{"title":"Book Review: “The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings. A Comparative View”","authors":"M. Fingas","doi":"10.5771/2193-5505-2021-2-264","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-2-264","url":null,"abstract":"To sum up briefly, the book entitled “The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings. A Comparative View” should be a must-read for both researchers interested in the current issues relating to the right of counsel in criminal proceedings and practitioners of the judiciary. The research is elaborated on in an interesting and transparent manner. Also inspiring are the conclusions concerning the need for further action on the attorney-client privilege, especially in the sphere of “protection of work-product and electronic files and communications” (p. 71). It would be of scientific value to continue research in this area because of the need to create appropriate foundations for further approximation of the legal orders of EU Member States. From the perspective of the transfer of evidence between Member States, it would be helpful to work out common minimum standards for safeguarding the attorney-client privilege.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131537394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Business and Human Rights – Recent Trends in Germany 商业与人权-德国的最新趋势
European Criminal Law Review Pub Date : 2021-04-07 DOI: 10.5771/2193-5505-2021-1-63
Marlen Vesper-Gräske
{"title":"Business and Human Rights – Recent Trends in Germany","authors":"Marlen Vesper-Gräske","doi":"10.5771/2193-5505-2021-1-63","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-63","url":null,"abstract":"There is an undeniable, growing trend in the current Corporate Social Responsibility (CSR) discussions: the responsibility of corporations to abide by and to protect human rights. This discussion includes potential criminal liability for corporations as well as their management for human rights violations. This article will survey the legal status quo of corporate responsibility in the context of human rights protection in Germany. It will then outline two drafts of legislation: a first draft leaked to the press in February 2019 that did not result in further legislative action, and a second draft recently leaked to the public that included key points for such a legislation to become the new German Human Rights Supply Chain Due Diligence Law.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123594791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Victim – a Great Actor in a Minor Role? – A Comparative Perspective 受害者——一个小角色的伟大演员?——比较视角
European Criminal Law Review Pub Date : 2021-04-07 DOI: 10.5771/2193-5505-2021-1-112
Łukasz Duśko, Mateusz Szurman
{"title":"The Victim – a Great Actor in a Minor Role? – A Comparative Perspective","authors":"Łukasz Duśko, Mateusz Szurman","doi":"10.5771/2193-5505-2021-1-112","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-112","url":null,"abstract":"Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127930476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Accountability of Multinational Companies for Human Rights Violations, Regulatory Trends and New Punitive Approaches Across Europe 跨国公司侵犯人权的问责制、监管趋势和欧洲新的惩罚方法
European Criminal Law Review Pub Date : 2021-04-07 DOI: 10.5771/2193-5505-2021-1-36
Rossella Sabia
{"title":"The Accountability of Multinational Companies for Human Rights Violations, Regulatory Trends and New Punitive Approaches Across Europe","authors":"Rossella Sabia","doi":"10.5771/2193-5505-2021-1-36","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-36","url":null,"abstract":"This article investigates the emergence of new regulatory trends in the context of human rights accountability - traditionally characterised by soft law and non-binding guidelines -, where in recent times mandatory non-financial disclosure laws have started to impose on multinational companies new legal obligations complemented by sanctions of a different nature and intensity. By comparing three relevant pieces of legislation in the European panorama, this contribution addresses the reasons why also criminal law scholars should pay attention to the evolution of such regulatory framework, as the prospect of punitive mechanisms aimed at holding large companies accountable for human rights violations in their global operations could become, to some extent, less remote.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133909793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Terrorism – Prisons and Risk Management 恐怖主义-监狱和风险管理
European Criminal Law Review Pub Date : 2021-04-07 DOI: 10.5771/2193-5505-2021-1-88
Miriam S. Meyer
{"title":"Terrorism – Prisons and Risk Management","authors":"Miriam S. Meyer","doi":"10.5771/2193-5505-2021-1-88","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-88","url":null,"abstract":"Coping with Islamist and right-wing terrorism and extremism requires a holistic approach. This paper examines the role of prisons on two levels in this context: as part of the state risk management, i.e. the role of prisons in the security architecture on the one hand, and risk management in prisons on the other hand. By highlighting the importance of an individualised perspective on the incarcerated persons bearing in mind the heterogeneity of the phenomenon, the paper also intends to raise interest beyond the purely dogmatic issues and to include the perspective of prisons in the discussion on how to deal with terrorism and extremism.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130831109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an Example 违反尽职调查义务的刑事责任建议——以欧洲冲突矿产法规为例
European Criminal Law Review Pub Date : 2021-04-07 DOI: 10.5771/2193-5505-2021-1-73
Luis Miguel Vioque
{"title":"A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an Example","authors":"Luis Miguel Vioque","doi":"10.5771/2193-5505-2021-1-73","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-73","url":null,"abstract":"In recent years, the international community has adopted standards aimed at encouraging States to promote the development and implementation of human rights compliance programmes by companies. This has been the case for conflict minerals, where soft law recommendations have been translated into a European Union (EU) hard law standard that sets out several due diligence obligations for importers of certain minerals or metals. This article will examine the origin of the EU Conflict Minerals Regulation and outline the type of compliance and due diligence obligations imposed on EU importers. It also reflects on the role of criminal law as a means of sanctioning the most serious violations of these new due diligence obligations such as traceability and transparency.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117251688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
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