European Criminal Law Review最新文献

{"title":"Protection of Human Right as a New Challenge for European Economic Criminal Law","authors":"Luigi Foffani","doi":"10.5771/2193-5505-2021-1-3","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-3","url":null,"abstract":"","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":"124022938","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}

{"title":"Towards a European Economic Criminal Law of Human Rights","authors":"Adán Nieto","doi":"10.5771/2193-5505-2021-1-6","DOIUrl":"https://doi.org/10.5771/2193-5505-2021-1-6","url":null,"abstract":"The work proposes the emergence of a new sector within economic criminal law whose objective would be the protection of human rights and the sanctioning of multinational companies. This new sector should be promoted by the EU, which in recent years and from various sources, has been enacting a set of directives and regulations that affect this area. The economic criminal law of human rights would complement the possibilities already offered by international criminal law to sanction these conducts. The basis of the new incriminations found in this work connects with the obligations to establish compliance measures (due diligence) that have been established in the United Nations Guiding Principles for Multinational Enterprises and also with the new duties of transparency linked to non-financial information.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"2 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":"133062898","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}

{"title":"Cooperation in Criminal Matters Through the Eyes of the Luxembourg Court: The Case Law of 2019","authors":"W. D. Bondt","doi":"10.5771/2193-5505-2020-2-171","DOIUrl":"https://doi.org/10.5771/2193-5505-2020-2-171","url":null,"abstract":"<p />","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126266886","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}

{"title":"Evidence Gathering in the European Union: The Transposition of Directive 2014/41/EU into French and German Legislation","authors":"Dagna Knytel","doi":"10.5771/2193-5505-2020-1-66","DOIUrl":"https://doi.org/10.5771/2193-5505-2020-1-66","url":null,"abstract":"<p />","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134434925","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}

{"title":"The Accused’s Right of Access to the Materials of the Case in Private Prosecutions in Cyprus and Directive 2012/13/EU: A Comment on Reference to the Application of Ostia Developers Ltd et al., Political Request No. 171/2019 (9 October 2019)","authors":"J. D. Mujuzi","doi":"10.5771/2193-5505-2020-1-112","DOIUrl":"https://doi.org/10.5771/2193-5505-2020-1-112","url":null,"abstract":"In Reference to the Application of Ostia Developers Ltd et al., the High Court of Cyprus dealt with the issue of whether an accused in a private prosecution has a right to access the materials of the case. The Court held that under Article 7 of Directive 2012/13/EU and section 7 of the Criminal Procedure Law, the accused did not have such a right. It is argued, inter alia, that although Article 7 of Directive 2012/13/EU does not refer to private prosecutors, a purposive interpretation of Article 7 of Directive 2012/13/EU would impose the obligation in question on private prosecutors. It is also argued that there could be a need to amend Article 7 of Directive 2012/13/EU to expressly impose the obligation on a private prosecutor to disclose materials of the case to an accused.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124812289","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}

{"title":"The Right to Interpretation and Translation in Criminal Proceedings – Challenges and Difficulties Stemming from the Implementation of the Directive 2010/64/EU","authors":"M. Fingas","doi":"10.5771/2193-5505-2019-2-175","DOIUrl":"https://doi.org/10.5771/2193-5505-2019-2-175","url":null,"abstract":"In modern Europe issues related to the obligation to ensure the right to fair criminal trial for persons who do not speak or understand the language of the criminal proceedings are still pressing. The article discusses main problems stemming from the implementation of Directive 2010/64/EU, especially issues connected with: the scope of and exceptions to the right to written translation of essential documents, the problem of translation of all procedural applications submitted by the accused himself in a language other than the language of the court, the obligation to make available interpretation during communication between the accused and his legal counsel under confidentiality conditions, and - last but not least - professional qualifications of interpreters and translators providing assistance in criminal cases. The article points out that the glaring discrepancies among Member States in the legal and practical implementation of the right to interpretation and translation may result in divergent procedural standard in individual cases, depending on the location of the criminal proceedings.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128181519","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}

{"title":"Will the End of Prostitution Eradicate Human Trafficking? Four Fallacies in the Abolitionist Approach","authors":"Mariona Llobet Anglí","doi":"10.5771/2193-5505-2019-1-99","DOIUrl":"https://doi.org/10.5771/2193-5505-2019-1-99","url":null,"abstract":"The purpose of this paper is to illustrate the ‘war of data’ on prostitution brought on by scholars, politicians, NGOs and the media. The paper also tackles the misleading wordings and realities in place, which significantly shake the empirical and conceptual foundations of abolitionism, thereby challenging abolitionist claims. As will be shown below, the abolitionist approach is flawed by four fallacies: the statistical, the phenomenological, the deductive and the deterrence fallacy. Therefore, we can conclude that there is no empirical evidence that abolishing prostitution would eradicate, or at least decrease, human trafficking for the purposes of sexual exploitation.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114955872","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}

{"title":"Anonymous witness evidence before the European Court of human rights: is It still possible to speak of “fair trial”?","authors":"Simone Lonati","doi":"10.5771/2193-5505-2018-1-116","DOIUrl":"https://doi.org/10.5771/2193-5505-2018-1-116","url":null,"abstract":"The purpose of this paper is to encourage a reflection on the use of anonymous witness evidence by the European Court of Human Rights. An analysis of the leading cases solved by the Strasbourg judges will provide an overview of the European case law developments on such a delicate topic, considering how the accused’s right of defence is seriously impaired when anonymous depositions are admitted in proceedings. The Court’s most recent decisions on this topic do create some concern. They represent a considerable step backward in the guaranteed right to confrontation, which, especially when dealing with anonymity, does not seem acceptable. While there is no question on the need to protect persons other than the accused in criminal proceedings and on the urgency to safeguard the safety of witnesses, when in danger, and preserve the source of evidence, on the other hand, it is hard to imagine what “counterbalancing procedures” could compensate for all that the accused is denied when the identity of the person making incriminating statements against him/her is concealed. It is, therefore, a matter of making a civilised choice, and of asking ourselves whether in a trial that still aspires to be defined as “fair”, anonymous incriminations may be tolerated.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132924724","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}

{"title":"In)Effectiveness of Criminal Sanctions as Regards Irregular Immigrants","authors":"C. Maesa","doi":"10.5771/2193-5505-2018-1-5","DOIUrl":"https://doi.org/10.5771/2193-5505-2018-1-5","url":null,"abstract":"The article discusses whether criminal sanctions are the more effective tool to deal with breaches of national substantive immigration rules regulating the conditions of entry and stay of third-country nationals and to achieve the objectives of the EU migration policy in relation to irregularly entering or staying third-country nationals. To that purpose, the article first defines the concept of effectiveness and scrutinises the compatibility of national laws criminalising the irregular entry and stay of third-country nationals with EU law and then examines whether the use of criminal law to sanction irregular migrants is justified in light of the main theories of punishment and of the general principles of criminal law: deterrence theory, social stigma argument, harm principle, desert theory and proportionality of punishment. These theories and principles governing EU criminal law have been selected because of their significance in the development of present criminal justice policies at the EU level in the field of irregular migration. Drawing on the relevant criminal and criminological research, as well as on the literature on enforcement, and considering that increasing punitive measures has frequently failed to reduce recidivism, the article therefore seeks to answer the question whether criminal sanctions are the more effective tool to achieve the objectives of the EU migration policy in relation to irregularly entering or staying thirdcountry nationals. * The author, who holds a double PhD diploma from the University of Bologna (Italy) and the University of Strasbourg (France) is now carrying out her Post-Doc research at the MaxPlanck-Institut für ausländisches und internationales Strafrecht. The author would like to thank Professor Annika Suominen for her valuable advice, Professor Valsamis Mitsilegas for his comments on an earlier draft of the article and the anonymous peer reviewers for their helpful comments on the article. DOI: 10.5771/2193-5505-2018-1-5 https://doi.org/10.5771/2193-5505-2018-1-5 Generiert durch IP '54.70.40.11', am 01.01.2021, 08:16:30. Das Erstellen und Weitergeben von Kopien dieses PDFs ist nicht zulässig.","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123257777","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}

{"title":"Regulation 833/2013 - Concerning Investigations Conducted by OLAF: A Missed Opportunity for Substantial Reforms?","authors":"Valentina Covolo","doi":"10.5771/2193-5505-2017-2-151","DOIUrl":"https://doi.org/10.5771/2193-5505-2017-2-151","url":null,"abstract":"","PeriodicalId":321334,"journal":{"name":"European Criminal Law Review","volume":"244 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122867749","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}