Criminal Justice beyond National Sovereignty. An Alternative Perspective on the Europeanisation of Criminal Law

2015 ◽  
Vol 23 (1) ◽  
pp. 11-31 ◽  
Author(s):  
Jannemieke Ouwerkerk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Primary Concern ◽  
National Sovereignty ◽  
The Past ◽  
Alternative Perspective ◽  
Recent Developments ◽  
Criminal Matters ◽  
Judicial Protection

Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

Reflections on Prosecutorial Independence and Impartiality in South Africa: The Recent Jurisprudence of the Courts

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Ntombizozuko Dyani-Mhango
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Judicial Independence ◽  
The Past ◽  
Its Analysis ◽  
Political Interference ◽  
Effective Administration ◽  
Recent Developments ◽  
The Law ◽  
Constitutional Jurisprudence

Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts’ jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.

The Limitations of the Harmonisation of Criminal Law in the European Union Protected by Articles 82(3) and 83(3) tfeu

2018 ◽  
Vol 26 (4) ◽  
pp. 315-334
Author(s):  
Kaie Rosin ◽  
Markus Kärner
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
The European Union ◽  
Judicial Cooperation ◽  
Minimum Standards ◽  
Legislative Procedure ◽  
Definition Of ◽  
Criminal Matters

Articles 82(3) and 83(3) tfeu give Member States the possibility to suspend the legislative procedure of eu criminal law. Article 82(3) allows that kind of emergency brake mechanism for the process of adopting minimum standards for harmonising rules of criminal procedure enhancing judicial cooperation in criminal matters and Article 83(3) for establishing minimum rules concerning the definition of criminal offences and sanctions. A Member State can only use the emergency brake clause when the proposal for the directive would affect the fundamental aspects of its criminal justice system. This prerequisite deserves a closer analysis, therefore the aim of this article is to interpret the meaning of tfeu articles 82(3) and 83(3) to better understand the limitations of the harmonisation of criminal law in the European Union.

Harmonisation and Cooperation within the Third Pillar—Built in Risks

2001 ◽  
Vol 4 ◽  
pp. 15-23
Author(s):  
Petter Asp
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Maastricht Treaty ◽  
Internal Market ◽  
The European Union ◽  
Community Law ◽  
The Third ◽  
The Past ◽  
The Creation ◽  
Criminal Matters

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals The Future of Criminal Law within the European Union - Union Law or Community Law Competence?

2007 ◽  
Vol 38 (1) ◽  
pp. 145
Author(s):  
Verena Murshetz
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
European Constitution ◽  
Criminal Sanctions ◽  
Court Of Justice ◽  
European Court ◽  
Recent Developments ◽  
Criminal Matters ◽  
The Eu

Recent developments regarding criminal matters within the European Union (EU) show a trend towards a supranational criminal competence, which could be realised before the entry into force of the European Constitution whose future is uncertain. The strongest indicators in this development are two judgments of the European Court of Justice (ECJ), one that extends the powers of the European Community (EC) over the protection of the environment through criminal sanctions  and the other applying the principle of conforming interpretation to framework decisions . This trend is questionable though, as the Treaty of the European Union (TEU) does not confer a criminal competence upon the EC. The third pillar containing criminal matters is intergovernmental in nature. This article critically discusses the recent trend and presents arguments against an implied supranational criminal law within the EU.

scholarly journals MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA

2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
The State ◽  
Private Law ◽  
Criminal Offence ◽  
Criminal Cases

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.

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