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Chapter 3: 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' from book: A Global History of Execution and the Criminal Corpse (Book chapter)

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ISBN: 9781137444011 Year: Pages: 23 DOI: 10.1057/9781137444011_4 Language: English
Publisher: Palgrave Macmillan
Subject: Law
Added to DOAB on : 2016-04-21 16:57:22
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This is a chapter from A Global History of Execution and the Criminal Corpse edited by Richard Ward. This chapter is available open access under a CC BY license. In this chapter, Zoe Dyndor uses data compiled for the Wellcome Trust funded project, Harnessing the Power of the Criminal Corpse, to investigate the logic and rationale behind selecting gibbet locations in eighteenth-century England. She suggests that while gibbets were generally located near to the scene of the crime, there were a number of other factors that led to the selection of particular sites for cases of hanging in chains. Through a case study of smugglers hung in chains in the 1740s, Dyndor demonstrates that, in certain cases, gibbet locations were specifically selected to reflect the nature of the offence, the background of the offender or the circumstances of the crime.

Normstabilisierung und Schuldvorwurf

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Book Series: sui generis ISBN: 9783941159181 Year: Pages: 530 DOI: 10.24921/2018.94115919 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-04-17 11:01:55
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This work examines the nature of criminal responsibility, and thereby the very heart of criminal law theory. The analysis exposes the relevance of criminal law and punishment for the stabilization of norms within society. This allows to determine the function of placing blame and of the principle of culpability. Thus, this thesis offers in-depth insights into the mechanism and elements of the attribution of individual responsibility. The main finding is that only culpability and the consideration of its elements, which are defined in this work, are capable of functionally determining punishment (i.e., in accordance with the necessity of punishment for the stabilization of norms).

Keywords

law --- criminal law --- recht

Steuergeldwäscherei in Bezug auf direkte Steuern

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ISBN: 9783941159075 Year: Pages: 352 DOI: 10.24921/2016.94115907 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2017-09-05 11:02:12
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The present analysis focuses on the interpretation of art. 305bis of the Swiss Criminal Code. The author, Gabriel Bourquin, treats the problem of tax crimes as predicate offenses to money laundering. Where necessary, in particular in relation to the punishment of money laundering by omission, the analysis will deal with the special duties of due diligence (art. 6) and the duty to report (art. 9) of the Anti-Money Laundering Act.

Der Strafkläger im Strafbefehls- und im abgekürzten Verfahren

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Book Series: sui generis ISBN: 9783941159334 Year: Pages: 204 DOI: 10.24921/2018.94115933 Language: German
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH
Subject: Law
Added to DOAB on : 2019-09-11 11:21:02
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The present work provides an overview of the role that victims play as prosecutors, irrespective of material compensation interests in criminal proceedings. The party rights of the criminal prosecutor are treated in the same way as his position in the efficient penal and abbreviated procedures. In doing so, inconsistencies in the law are discussed, the previous case law on the criminal prosecutor critically questioned and the conflicting goals between injured party participation and procedural efficiency examined. The role of the criminal prosecutor in Swiss jurisprudence has so far only been examined selectively and always with regard to specific issues. For the first time, the author attempts to broach the issue of the criminal prosecutor as a litigant and to put it into context with the idea of ​​efficiency that characterizes criminal procedural law.

Do Exclusionary Rules Ensure a Fair Trial?

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Book Series: Ius Gentium: Comparative Perspectives on Law and Justice ISBN: 9783030125202 Year: Pages: 380 DOI: 10.1007/978-3-030-12520-2 Language: English
Publisher: Springer Nature
Subject: Political Science --- Law
Added to DOAB on : 2020-02-04 11:21:14
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This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved. ;

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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ISBN: 9789462652736 Year: Pages: 1522 DOI: 10.1007/978-94-6265-273-6 Language: English
Publisher: Springer Nature
Subject: Political Science --- Law
Added to DOAB on : 2020-02-05 11:21:05
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This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Subsidiaritätsgrundsatz und Tatsachenfeststellung unter der Europäischen Menschenrechtskonvention

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Book Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ISBN: 9783662588871 Year: Pages: 188 DOI: 10.1007/978-3-662-58887-1 Language: German
Publisher: Springer Nature
Subject: Political Science --- Law
Added to DOAB on : 2020-01-29 11:21:06
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Dieses Buch ist eine Open-Access-Publikation unter einer CC BY 4.0 Lizenz. Subsidiarität ist zu einem Schlüsselbegriff des Diskurses um die Europäische Menschenrechtskonvention (EMRK) geworden. Neben seiner vielbeachteten materiell-rechtlichen Funktion kommt dem Begriff auch eine verfahrensrechtliche Tragweite zu. Das vorliegende Buch widmet sich dieser prozessualen Dimension des Subsidiaritätsprinzips und beleuchtet das Verhältnis von nationalen Gerichten und Europäischem Gerichtshof für Menschenrechte (EGMR) mit Blick auf die Tatsachenfeststellung. Konkret geht es einerseits um die Frage, wie der EGMR mit Tatsachen umgehen soll, die erst nach Abschluss des nationalen Verfahrens entstanden sind oder vor dem EGMR neu vorgebracht werden (echte und unechte Noven). Anderseits ist aufzuzeigen, ob und unter welchen Umständen der EGMR von den Tatsachenfeststellungen der nationalen Gerichte abweichen darf.

Waffengleichheit im Vorverfahren

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Book Series: sui generis ISBN: 9783941159341 Year: Pages: 365 DOI: 10.24921/2019.94115935 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-02-12 11:21:04
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The concept of equality of arms is often used in the context of criminal proceedings but is rarely defined clearly. The present work is preparing to give the term an outline. It highlights the historical roots of this important structural principle and shows the goals of equality of arms. The work pays particular attention to the case law of the European Court of Human Rights (ECHR). In the decisive evidence procedure, this requires a procedural balance between the accused person on the one hand and law enforcement authorities on the other. To what extent does Swiss procedural reality - with its postponement of crucial procedural steps in the pre-litigation - meet this demand? Based on empirical data, it is shown that the institutional superiority of law enforcement agencies in the underregulated preliminary proceedings has the potential to objectively restrict the defendant's rights of defense. The author discusses how this problem can be dealt with in a holistic view of the Swiss criminal trial using various variants.  

Combatting Illicit Trade on the EU Border

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ISBN: 9783030510190 Year: Pages: 283 DOI: 10.1007/978-3-030-51019-0 Language: English
Publisher: Springer Nature
Subject: Law
Added to DOAB on : 2020-09-23 00:05:17
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This open access book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two “old” EU countries (Germany and Italy). The book addresses the national legal frameworks, current criminological situation regarding illicit trade of tobacco, and the practical challenges faced by national law enforcement authorities in the countries examined. It also considers the international framework, and concludes with a horizontal report. The objective of the book is to highlight legislative and practical challenges in the fight against illegal tobacco products at the national and transnational level, and to formulate recommendations for overcoming them more effectively in Europe.

Verkehrte Leidenschaft

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ISBN: 9783709702055 Year: Pages: 478 Seiten Language: German
Publisher: Jan Sramek Verlag Grant: Image Certificate - PUB 592
Added to DOAB on : 2019-08-02 11:21:12
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The book scrutinizes the legal-historical development of the crime "unnatural fornication". The analysis focuses on contemporary law and sexual science sources as well as files from criminal proceedings for same-sex fornication. lt shows how different negotiation processes influenced the ideas of the "immoral", the sexual and the gender.

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