Описание: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources.
Описание: Part I: The right to silence in context: Introduction.- Development of the right to silence in international human rights law.- Part II: National perspectives on the right to silence: The right to silence in Denmark.- The right to silence in England and Wales.- The right to silence in Australia.- Part III: Admissibility of confession evidence across borders: A transnational perspective.- Mutual trust and the right to silence in international cooperation.- Balancing the right to silence in transnational criminal case
Автор: Billing Название: The Right to Silence in Transnational Criminal Proceedings ISBN: 331942033X ISBN-13(EAN): 9783319420332 Издательство: Springer Рейтинг: Цена: 22359.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.
On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Описание: Outlining the benefits of cross-border organisations such as Europol in tackling criminal networks, this handbook explains how to navigate the crime-fighting landscape of the EU without compromising security or violating the union`s data protection regulation.
Описание: This edited collection brings together research from a range of substantive areas of law that share a common interest in understanding the multi-layered challenges of defining legal certainty in the context of legal and political modernity. The principle of legal certainty-the view that the law must be sufficiently certain to provide those subject to legal norms with the resources to regulate their own conduct and to provide a layer of protection against the arbitrary use of public power-has functioned as a fundamental rule of law value and as a normative ideal that has structured legal debates, both at the national and international level. In recent years, however, legal certainty has come under renewed pressure from a number of historically new and competing demands that are made of law: for example, the expectation that the law be more responsive to a social environment characterized by rapid economic and technological change; or the marked trend, across most major jurisdictions, towards increasing the degree and scope of discretion afforded to regulators in the fields of business and market regulation-the so-called 'responsive regulation'; or the challenges posed by indices, such as the World Bank's Doing Business Report and the Index of Legal Certainty, which apply metric tools to rank a country's performance with the ultimate aim to reduce the 'regulatory burden' of doing business, and to prove the virtues of their respective models. These, and other, developments raise difficult, but interesting, questions regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. This book aims to address these issues by bringing together scholars from various jurisdictions to examine changes in the shifting meaning of legal certainty.The book will be of interest both to lawyers and academics interested in understanding the transformation of core rule of law values in the context of contemporary social change, as well as political scientists and social theorists. Subject: Comparative Law, Company Law, Commercial Law, Legal Philosophy]
Описание: Documenting the recent rise of transnational corporations, Skinner details the business-related human rights and environmental law violations inflicted on local communities - along with the barriers victims face when seeking remedies. This book will interest scholars, policymakers, and anyone concerned about the role of corporations in our increasingly globalized society.
Автор: Gregory Shaffer, Ely Aaronson Название: Transnational Legal Ordering of Criminal Justice ISBN: 1108836585 ISBN-13(EAN): 9781108836586 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an empirically grounded framework for studying central governance challenges in various areas of international, transnational and domestic criminal justice policy. The implications cut across subject areas that attract considerable scholarly attention. It will appeal to a wide audience.
Описание: This volume addresses from a cross-disciplinary perspective the multifarious relationship between globalisation, on the one hand, and criminal law and justice, on the other hand.
Автор: Bцse Martin, Brцcker Maria, Schneider Anne Название: Judicial Protection in Transnational Criminal Proceedings ISBN: 3030557987 ISBN-13(EAN): 9783030557980 Издательство: Springer Рейтинг: Цена: 22359.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters.
Описание: Right to Counsel and Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Japan.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Germany.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Italy.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Portugal.- Confidentiality of Attorney-Client Communications in China's Criminal Justice System.- The Right to Counsel within Criminal Proceedings in Switzerland.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Poland.- Confidentiality of Attorney-Client Communications in the United States.- Confidentiality of correspondence with Counsel as a Requirement of a Fair Trial in Spain.- The Lawyer-Client Privilege in the Case-lLw of the ECtHR.- Protecting Confidentiality of Lawyer-Client Communications Worldwide. Comparative Study.
The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA.
The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer's discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level.
Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field - from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
Описание: Chapter 1. Introduction.- Chapter 2. Human Rights Framework.- Chapter 3. Judicial Responses to Pre-Trial Procedural Violations in The Netherlands.- Chapter 4. Judicial Responses to Pre-Trial Procedural Violations in England and Wales.- Chapter 5. Law and Practice of the International Criminal Tribunals - General Overview.- Chapter 6. Law and Practice of the International Criminal Tribunals - Specific Contexts.- Chapter 7. Assessment of the International Criminal Tribunals' Law and Practice.- Chapter 8. Conclusion.- Bibliography.- List of Cases.- List of Instruments.- Index.
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