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Zur Kriminal- und Strafrechtspolitik des 21. Jahrhunderts. Der Blickwinkel eines nordischen Wohlfahrtsstaates und dessen Strafgesetzreformen: Finnland

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Book Series: Strafrechtswissenschaft und Strafrechtspolitik ISBN: 9783110647990 Year: Volume: 27 Pages: 352 DOI: 10.1515/9783110647990 Language: German
Publisher: De Gruyter
Subject: Law
Added to DOAB on : 2020-02-18 15:12:41
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The volume brings together 18 articles published by the author between 1985 and 2017. These focus on the reforms to Finland’s Criminal Code, which were concluded in 2003 following a process lasting over 30 years. Further articles offer an insight into developments in criminal law in Scandinavia more broadly.

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. ;

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.  

Nationalsozialistisches Strafrecht

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Book Series: Grundlagen des Strafrechts ISBN: 9783845297149 Year: Volume: 6 DOI: https://doi.org/10.5771/9783845297149 Language: German
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: History
Added to DOAB on : 2019-09-05 11:26:27
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This innovative study regards National Socialist criminal law—in accordance with the theories of continuity and radicalisation—as the racist (anti-Semitic), nationalistic (Germanic) and totalitarian updating of the authoritarian and anti-liberal tendencies found in German criminal law at the turn of the 20th century and during the Weimar Republic. The author proves this thesis through systematic analysis of the works of relevant authors, focusing primarily on the texts, which speak for themselves, rather than on morally judging the people who wrote them. In doing so, he also examines the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity did not only exist from a past perspective (post-Weimar), but also from a forward-looking perspective (‘the Bonn Republic’ 1949–1990). In short, neither did National Socialist criminal law appear from nowhere, nor did it completely disappear after 1945, which has seamlessly led to the modern-day attempt to reconstruct the identity of this Germanic myth through the so-called ‘neue Rechte’ or ‘New Right’ political movement.

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

Authors: ---
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.

Chapter 10 Healing the American Community: Race and Criminal Justice (Book chapter)

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ISBN: 9781138354173 Year: DOI: 10.4324/9780429424922 Language: English
Publisher: Taylor & Francis
Added to DOAB on : 2020-09-01 00:06:55
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Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice.

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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