Criminal Law Forum最新文献_第7页

About Disorder in the “cuisine interne” of Mihalache Grand Chamber Judgment: Some Reasons for a Radical Change of Approach in ne bis in idem Issues 论《米哈拉切大殿判决书》中“料理界”的失序:在观念问题上态度发生根本性转变的若干原因

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Criminal Law Forum Pub Date : 2021-02-18 DOI: 10.1007/s10609-021-09416-2

A. Tarallo

引用次数: 1

A Forgotten History: Forcible Transfers and Deportations in International Criminal Law 被遗忘的历史:国际刑法中的强制转移和驱逐

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Criminal Law Forum Pub Date : 2021-01-29 DOI: 10.1007/s10609-020-09409-7

Victoria Colvin, Phil Orchard

{"title":"A Forgotten History: Forcible Transfers and Deportations in International Criminal Law","authors":"Victoria Colvin, Phil Orchard","doi":"10.1007/s10609-020-09409-7","DOIUrl":"https://doi.org/10.1007/s10609-020-09409-7","url":null,"abstract":"Forced transfers and deportations of civilian populations are a persistent theme in atrocity crimes. Criminalizing forced displacement not only responds to a major human rights and atrocities problem which is not directly covered by either refugee or international human rights law; it can also serve an important deterrent effect. And yet a critical and enduring question has been around the nature of the relationship between the two offenses of deportation, in which a border is crossed, and forcible transfers, in which a border is not. While both are recognized today as crimes against humanity, the conventional story is that deportations have a much longer and more enduring history than forcible transfers. We argue that this is wrong, and that practice from the Nineteenth century through Nuremberg viewed ‘deportation’ as encompassing both forms of crimes. The loss of this history, however, has meant that in recent times the ICTY, ECCC, and the ICC have had to in effect reinvent the wheel of how forcible transfers are understood and how they are differentiated from deportations as a distinct crime. While a clear conception of forcible transfers as a crime against humanity is now developing in international criminal law, this has limited the number of prosecutions in spite of the fact that this provides a critical accountability mechanism.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138532025","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

"Complete Labelling" and Domestic Prosecutions for Crimes Against Humanity. “完全标签”和反人类罪的国内起诉。

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Criminal Law Forum Pub Date : 2021-01-01 Epub Date: 2021-11-17 DOI: 10.1007/s10609-021-09426-0

Javier S Eskauriatza

{"title":"\"Complete Labelling\" and Domestic Prosecutions for Crimes Against Humanity.","authors":"Javier S Eskauriatza","doi":"10.1007/s10609-021-09426-0","DOIUrl":"https://doi.org/10.1007/s10609-021-09426-0","url":null,"abstract":"Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that \"complete labelling\" is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant's rights, the principle of complete labelling explains and justifies whether the labels attached appropriately represent the nature and scale of the wrong done to the community. As a case study, I apply this lens in the context of regional (U.S./Mexican) criminal justice responses to crimes against humanity perpetrated by \"drug-cartels\" in the context of the Mexican Drug War. Successive administrations in Mexico and the U.S. have tended to charge cartel leaders (and/or their political supporters) with so-called \"transnational crimes\" (for example, drug-trafficking, money-laundering, bribery/corruption). This is despite the fact that many of the most powerful cartels have controlled territory, attacked entire towns, carried out acts of terror, and disappeared thousands of people. The principle of complete labelling is useful in normative terms because it helps in the critical examination of a State's prosecutorial practices, exposing problems that might otherwise be missed. In relation to the case study discussed, for example, a focus on complete labelling helps to expose the regional prosecutorial policy as either an unjustified exercise in selectivity or, at worst, an expression of collective denial. After considering certain counteracting reflexions which speak to some of the foundational anxieties of international criminal justice, the article concludes that domestic prosecutions for crimes against humanity in the context of drug-cartels may, sometimes, be justified.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8595055/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39642675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Authors Index Volume 10 作者索引第10卷

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Criminal Law Forum Pub Date : 2020-12-01 DOI: 10.1023/A:1017266129906

引用次数: 0

TWO KINDS OF ACQUITTALS – DIFFERENT KINDS OF DOUBTS 两种无罪释放，不同的怀疑

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Criminal Law Forum Pub Date : 2020-11-18 DOI: 10.1007/s10609-020-09407-9

Yaniv Vaki, Yoram Rabin

引用次数: 1

Intentional and Performative Persuasion: The Linguistic Basis for Criminalizing the (Direct and Indirect) Encouragement of Terrorism 意图和行为说服：将（直接和间接）鼓励恐怖主义定为犯罪的语言基础

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Criminal Law Forum Pub Date : 2020-10-03 DOI: 10.1007/s10609-020-09405-x

Stuart Macdonald, N. Lorenzo-Dus

引用次数: 5

Corporate Vehicular Manslaughter Provisions In The Bangladesh Road Transport Act 2018: A Textual Comparison With Their Equivalents in Australia 2018年孟加拉国道路运输法中的企业车辆过失杀人条款:与澳大利亚等效条款的文本比较

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Criminal Law Forum Pub Date : 2020-09-20 DOI: 10.1007/s10609-020-09404-y

S. M. Solaiman

{"title":"Corporate Vehicular Manslaughter Provisions In The Bangladesh Road Transport Act 2018: A Textual Comparison With Their Equivalents in Australia","authors":"S. M. Solaiman","doi":"10.1007/s10609-020-09404-y","DOIUrl":"https://doi.org/10.1007/s10609-020-09404-y","url":null,"abstract":"The road transport sector in Bangladesh has been simply disorderly for years and gradually going from bad to worse killing about 20,000 people and grievously injuring 50,000 every year as reported by the World Health Organisation. Government transport authorities publicly admit their failure in disciplining the critical sector. The government was ultimately compelled to enact legislation in 2018 following the deaths of two teenage students who were run over by a bus, which triggered nationwide protests effectively paralysing the transport sector for more than a week. To pacify the agitated students, the government enacted the Road Transport Act 2018 which, for the first time, directly imposes criminal responsibility on transport companies, their owners and officers. This article critically examines that corporate liability provisions (liabilities of the companies, their owners, officers, employees – excluding transport workers) from the perspective of vehicular manslaughter in light of their equivalents in Australia, and with sporadic references to common law principles as relevant to both Bangladesh and Australia which have inherited their legal systems from the British colonial rule. We argue that the new provisions have several flaws including the definition of the offence, defences available, and penalties prescribed – which significantly undermine the utility and effectiveness of the new legislation. We provide specific suggestions for amending these provisions aimed at improving road safety in Bangladesh, however, these considerations may also benefit other jurisdictions.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531956","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

Secretive Symbolism? The Death Penalty, Executions, and Japan 隐秘的象征？死刑、死刑和日本

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Criminal Law Forum Pub Date : 2020-08-26 DOI: 10.1007/s10609-020-09402-0

Billy Holmes

引用次数: 2

True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice 真正的欧盟公民身份是欧洲真正刑事司法的先驱：分析欧盟公民身份与自由、安全和正义的可持续领域

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Criminal Law Forum Pub Date : 2020-07-24 DOI: 10.1007/s10609-020-09396-9

Marianne L. Wade

引用次数: 1

The Use of Public Inquiries in Rooting Out Corruption and Collusion – The Canadian Experience 利用公众调查铲除腐败与勾结——加拿大的经验

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Criminal Law Forum Pub Date : 2020-07-07 DOI: 10.1007/s10609-020-09401-1

Simon Ruel

{"title":"The Use of Public Inquiries in Rooting Out Corruption and Collusion – The Canadian Experience","authors":"Simon Ruel","doi":"10.1007/s10609-020-09401-1","DOIUrl":"https://doi.org/10.1007/s10609-020-09401-1","url":null,"abstract":"A public commission of inquiry is an administrative tool used exceptionally by governments to inquire into and report on controversies of significant public importance. Such inquiries allow the public to better understand the complexities of a scandal or tragedy, but provide no ultimate accountability when criminal activity is at play. In Canada, the use of public commissions of inquiry to investigate corruption and collusion poses significant legal challenges from a constitutional division of powers perspective (between the federal and provincial levels of government) and with regards to the protection of the rights of the accused under the Canadian Charter of Rights and Freedoms . Typically, when criminal conduct is at the heart of the controversy, governments will wait for the completion of all investigations and prosecutions before launching a public inquiry into any remaining matter of public importance. However, the scale of a corruption scandal and the growing public demand for answers may be such that a government is left with no option but to launch a public inquiry immediately, even if there are serious risks of compromising criminal investigations and prosecutions. This paper discusses the legal difficulties associated with the creation and operation of public commission of inquiry into crime, corruption and collusion in particular, and presents a way forward in analysing the various measures that may be adopted at the onset and susbsequently at the operational level to minimize legal risks.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531963","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