Extradition

Extradition

Author: Council of Europe

Publisher: Council of Europe

Published: 2006-01-01

Total Pages: 168

ISBN-13: 9287160767

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The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.


Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context

Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context

Author: Kris Hinterseer

Publisher: Kluwer Law International B.V.

Published: 2002-05-13

Total Pages: 514

ISBN-13: 9041198644

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As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.


Methods of Resolving Conflicts between Treaties

Methods of Resolving Conflicts between Treaties

Author: Seyed-Ali Sadat-Akhavi

Publisher: BRILL

Published: 2021-10-18

Total Pages: 285

ISBN-13: 9004482083

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Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.


Admissibility of Evidence in EU Cross-Border Criminal Proceedings

Admissibility of Evidence in EU Cross-Border Criminal Proceedings

Author: Lorena Bachmaier Winter

Publisher: Bloomsbury Publishing

Published: 2024-05-16

Total Pages: 268

ISBN-13: 1509972005

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This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.


Finding the Best Place for Prosecution

Finding the Best Place for Prosecution

Author: Gert Vermeulen

Publisher: Maklu

Published: 2002

Total Pages: 92

ISBN-13: 9062158412

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In order to fight international crime, most EU Member States have systematically extended their territorial and extra-territorial claims of jurisdiction. As a consequence of this evolution, an increasing number of international crimes can be prosecuted in more than one State.Therefore, the question of whether a crime will be prosecuted has become subordinate to the question of which State is in the best position to prosecute. This phenomenon is of major importance since conflicts of jurisdiction have significant consequences for the States and the individuals involved. Not only criminal law, but also criminal procedure law differs from country to country.The change of forum for an international case can therefore be detrimental both to the offender's and the victim's legal status. Article 31 d of the Treaty on European Union shows that the European Union shares this concern. In order to contribute to the enhancement of an area of freedom, security and justice within the European Union, this article prescribes that conflicts of jurisdiction between Member States should be prevented. This book provides a new analysis of the question of how conflicts of jurisdiction can be prevented or solved and what the European Union's policy could be in that respect.A pragmatic, realistic, and short-term solution is proposed, paying specific attention to the rights of all parties involved.