The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings: A Comparative View, Bachmaier Winter Lorena, Thaman Stephen C., Lynn Veronica
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.
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: 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
Описание: At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world.
The book describes and documents the phenomenon of internationalisation of securities frauds - such as insider trading and market manipulation - and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation.
The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country.
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.
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