Jurisdiktionskonflikte im Rahmen transnationaler Kriminalität

2019 ◽  
Author(s):  
Nathalie Isabelle Thorhauer
Keyword(s):  
Criminal Law ◽  
Legal Framework ◽  
Frankfurt Am Main ◽  
Ne Bis In Idem ◽  
Current Reform ◽  
Legal Position ◽  
Liberal Approach ◽  
The Individual ◽  
Conflicts Of Jurisdiction ◽  
The Eu

The thesis examines states’ prosecutorial powers in regard to cross-border criminal acts of natural persons and companies, as well as the problems of conflicts of jurisdiction resulting from the parallel applicability of the criminal law of multiple states. It focuses on the individual legal position of the accused and norm addressee, who, in a globalised economy and society, needs to be able to distinguish right from wrong. The ne bis in idem and other mechanisms fail in an “Area of Freedom, Security and Justice” where certain normative standards require overcoming the lack of foreseeability of the applicable substantive and procedural criminal law and to eliminate leeway for arbitrary considerations of the executive (forum shopping). The work meets this demand with a transparent legal framework for the coordination of prosecutorial powers within the EU that takes a liberal approach and is based on fundamental principles of the rule of law. It deals with basic issues of the transnational scope of corporate criminal law, which should be considered in the current reform discourse. The author is a lawyer specialising in white-collar criminal law in Frankfurt am Main.

Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 79-99
Author(s):  
Enkelejda Turkeshi
Keyword(s):  
European Union ◽  
Waste Management ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Minimum Standard ◽  
Negative Effects ◽  
Illegal Waste ◽  
The Eu

Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.

scholarly journals HARMONIZATION OR UNIFICATION? – INSTRUMENTS FOR A MORE EFFECTIVE PROTECTION OF THE FINANCIAL INTERESTS OF THE EUROPEAN UNION

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Bence Udvarhelyi
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Historical Development ◽  
Legal Framework ◽  
The European Union ◽  
Effective Protection ◽  
Treaty Of Lisbon ◽  
Financial Interests ◽  
The Eu

The objective of the article is to analyse the efforts of the European Union for the protection of its financial interests. The first part of the paper sets out the brief historical development of the criminal law protection of the financial interests of the European Union with particular emphasis on the strengthened and reinforced legal framework provided by the Treaty of Lisbon. The second part of the study focuses to the newly adopted Directive of the EU on the fight against fraud to the Union’s financial interests by means of criminal law. However, the paper does not intend to analyse the provisions of the Directive in details, it only aims to examine whether it can provide for an effective and unified protection to the financial interests of the European Union.

scholarly journals The Problems of Criminal Law Harmonization in the Framework of the EU

2019 ◽  
Vol 13 (2) ◽  
pp. 311-321 ◽  
Author(s):  
Vadim Voynikov
Keyword(s):  
Criminal Law ◽  
Main Idea ◽  
Legal Framework ◽  
Member States ◽  
Eu Member States ◽  
Criminal Procedure Law ◽  
The Moment ◽  
High Level ◽  
Criminal Matters ◽  
The Eu

The free movement of people across internal borders, and the high level of integration between EU member states, demands the development of cooperation in the fight against crime. That is why the EU is empowered to ensure the coordination of activities of member states in the fight against crime. This fight is one of the elements of EU policy in the areas of freedom, security and justice. One of the EU’s anti-crime activities is the harmonization of national criminal law, the main idea of which is to ensure the same level of responsibility for crimes of a cross-border dimension in all EU member states. The article analyzes the legal basis for the harmonization of criminal law within the EU, classifies these activities, shows the features of certain types (modes) of harmonization, as well as shows the place of criminal law harmonization in the EU system of combating crime. The analysis of the definition «EU criminal law» and other concepts relating to legal cooperation in criminal matters within the EU has a special place in this article. Based on an analysis of the positions of a number of researchers, the author comes to the conclusion that the concept of «EU criminal law» is an «umbrella» definition, which is understood as a set of rules relating to the harmonization of criminal law and criminal procedure law. In addition, the paper shows the features of harmonization of criminal law within the most serious types of crimes, such as terrorism, human trafficking, etc. The EU has a competence on the harmonization of national criminal law, but EU institutions are entitled to accept only framework norms that do not have a direct effect needing implementation into national law. At the moment, the EU’s primary Law contains the necessary legal framework for the harmonization of national criminal law. The analysis of this framework allows us to identify three main modes of harmonization of criminal law within the EU: functional (basic) harmonization, annex harmonization, and auxiliary harmonization.

Brexit: First observations on the EU–UK Trade and Cooperation Agreement in criminal law

2021 ◽  
pp. 203228442199603
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen
Keyword(s):  
Criminal Law ◽  
Systematic Approach ◽  
First Impressions ◽  
General Level ◽  
Legislative Process ◽  
Cooperation Agreement ◽  
First Impression ◽  
The Individual ◽  
The Eu

The authors share their first impressions of the EU–UK Trade and Cooperation Agreement in criminal law. After looking at how the Agreement came about and speculating about alternatives, criticism regarding the Agreement is voiced. This concerns the lack of transparency in the legislative process on a general level. Regarding the individual provisions, further points of criticism as well as such of particular interest are identified with reference to the respective articles in this issue. The first impression that the Agreement was developed quickly, without systematic approach, and thus leaves many loopholes and uncertainties, is confirmed. To conclude, however, some positive achievements are also highlighted.

The expert witness in the Criminal Court: assessment, reports, and testimony

2012 ◽  
pp. 2003-2009
Author(s):  
John O’Grady
Keyword(s):  
Criminal Law ◽  
Expert Witness ◽  
Ethical Dilemmas ◽  
Legal Framework ◽  
Criminal Court ◽  
Family Courts ◽  
The United Kingdom ◽  
Practical Guidance ◽  
Fact Finding ◽  
The Individual

As an expert witness in the Criminal Court, the psychiatrist ceases to be simply a doctor as a psychiatrist's report and testimony addresses issues on the boundary between law and psychiatry. The law is not primarily concerned with the welfare of the defendant. Criminal law is concerned with justice, fact finding, and the attribution of guilt whilst psychiatry concerns itself with the welfare of the individual, their mental disorder, and its treatment. This chapter will explore the legal framework for expert reports and testimony, standards for such work, the particular ethical dilemmas of this work and provide practical guidance on preparation of reports and testimony. This chapter draws upon previously published work by the author. Expert evidence cannot be understood except in reference to a particular legal jurisdiction. For this chapter the legal system in the United Kingdom is chosen but the general principles will apply to all jurisdictions. Issues specific to Civil and Family courts will not be discussed.

Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument

2018 ◽  
Author(s):  
Katalin Ligeti ◽  
John Vervaele ◽  
André Klip
Keyword(s):  
Criminal Law ◽  
Regulatory Mechanism ◽  
Mutual Recognition ◽  
Policy Debate ◽  
European Law ◽  
Legislative Action ◽  
Criminal Matters ◽  
The University ◽  
Conflicts Of Jurisdiction ◽  
The Eu

This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes.

scholarly journals The Facilitators Package, penal populism and the Rule of Law: Lessons from Italy

2020 ◽  
Vol 11 (3) ◽  
pp. 335-350
Author(s):  
Marta Minetti
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Legal Framework ◽  
Organised Crime ◽  
Strict Sense ◽  
The European Union ◽  
Human Beings ◽  
Policy Responses ◽  
Preventive Role ◽  
The Eu

The past 20 years have witnessed an increase in the attention that the international, national and European policy responses have devoted to irregular immigration and transnational organised crime, with the Facilitators Package being among the protagonists of the criminalising approach adopted by the European legislator. More specifically, provision was drafted and ratified with the aim to tackle irregular migration by strengthening the penal framework on the facilitation of unauthorised entry within the European Union (EU) external borders in ‘the strict sense, and for the purpose of sustaining networks which exploit human beings’. Nevertheless, although its effectiveness in achieving the stated goals has been confirmed in the EU regulatory fitness performance programme (REFIT) assessment by the EU commission released in 2017, the academic judgment has taken a completely different direction, labelling the provision as exemplary of the preventive role taken by EU criminal law. The aim of the article is to analyse the transposition of the Facilitators Package by the Italian legislators and to examine its application within the national legal framework, in order to scrutinise the consequences that the symbolic application of the criminal law provision is having on the Italian jurisdiction in terms of Rule of Law (particularly on the principle of legal certainty).

scholarly journals CORPORATION AS THE ACTORS OF FISHERIES CRIME IN INDONESIA

2018 ◽  
Vol 18 (2) ◽  
pp. 208
Author(s):  
Sri Dwi Retno Ningsih ◽  
S. Supanto ◽  
Emmy Latifah
Keyword(s):  
Data Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Offence ◽  
Legal Research ◽  
Analysis Techniques ◽  
Legal Position ◽  
The Individual ◽  
Fisheries Act ◽  
Literature Data Analysis

In Indonesia, the Corporation is already recognized as one of the perpetrators of criminal acts in a variety of specific criminal acts and regulations, including in the Fisheries Act. Article 1 paragraph (14) Act No. 31 of the year 2004 jo Act No. 45 of the year 2009 about fisheries States that every person is a person, the individual or Corporation. This research is normative juridical research. The approach used is statute approach.The results showed that in the theory of criminal law, there is some form of the position of the Corporation as the perpetrator of a criminal offence may be subject to iability. The purpose of this study is to examine how the legal position of the Corporation as the perpetrator of the criminal offence of fishing in Indonesia. This research is the normative legal research. The data used are secondary data, while data collection is done through the study of the literature. Data analysis techniques using the deductive approach of law and interpretation.Keywords: corporations, criminal act fisheries

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