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Global Criminal Law
This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
Food Regulation and Criminal Justice
This issue is the first milestone on the way to the XXth AIDP World Congress dedica-ted to ‘Criminal Justice and Corporate Business’. It brings together key proceedings of the International Colloquium on ‘Food Regulation and Criminal Justice’, organised by the Chinese group of the AIPD in Beijing on September 23rd-26th, 2016. The volume contains the resolutions adopted in Beijing, the general report, four transversal articles, and several national reports. It offers a broad overview of the main challenges raised by contemporary food regulation, as well as various responses provided by criminal law around the globe. The contributions deal with issues concerning food security, food safety, and food fraud. They pay particular attention to the international dimension, the interaction with administrative enforcement mechanisms, and the increasing relevance of self-regulation.
Global Criminal Law
This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law - understood in a broad sense - that lies outside the confines of the state. Adán Nieto Martín is Full Profesor of Criminal Law, University of Castilla la Mancha, Spain.
Deference in International Courts and Tribunals
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, leg...
Prosecuting and Punishing Multi-Offenders in the EU
This book elaborates on the rules governing the prosecution and sentencing of multi-offenders. The term ‘multi-offender’ is used for an offender that has committed a series of offences (either in one single act or in different acts); hence the addition of ‘multi’ in ‘multi-offender’. A crucial element thereto is that the whole series of offences – which make the offender a multi-offender – has been committed before being subject to a final conviction. A comparative EU-study was conducted, focussing on the rules governing multi-offenders within different EU Member States. It reveals that this type of offenders challenge both the legislator and the prosecution and judges: when ...
Direito Penal Económico - 2a Edição
Aparentemente simples, a disciplina do contrato de arrendamento urbano assenta num quadro legislativo verdadeiramente complexo e disperso por diversos diplomas, tornando-a dificilmente apreensivel numa vis?o de conjunto, facto para o qual tem contribuindo as sucessivas alterac?es legislativas verificadas nesta materia nos ultimos anos, impondo a realizac?o de uma analise global mas detalhada deste contrato, objetivo subjacente a elaborac?o da presente obra. Recorrendo a linguagem e organizac?o simples e acessivel, o Manual do Arrendamento e Despejo surge assim dividido em duas partes, o Arrendamento Urbano e o Despejo e outros Meios Processuais: na primeira s?o analisados os aspetos fundamentais da relac?o arrendaticia e na segunda s?o tratados cada um dos meios judiciais e extrajudiciais atualmente disponiveis para a tutela dos direitos do senhorio e do arrendatario, esperando-se assim que a presente obra constitua um auxiliar util a todos aqueles que lidam de perto com as materias em apreco.
Preventing Corporate Corruption
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the futu...
Toward a Prosecutor for the European Union Volume 1
In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a p...
Investigating European Fraud in the EU Member States
This book offers a detailed overview of the rules regarding criminal investigations into financial-economic criminality in the EU's main legal systems. These rules have become fundamental to the effective protection of the Union's financial interests. It undertakes a comparative study of six national legislatures (Italy, Spain, France, Germany, Poland, the UK) which serve as paradigms of the different judicial systems existing in the Union, in order to offer a complete overview of the different approaches to financial-economic investigation in the EU. The work is further enriched with cross–sectional essays that deal with the more general issues, such as data-protection and the future of investigations in the view of the establishment of the European Public Prosecutor's Office (or EPPO). This provides a wider perspective on the themes considered. The book also examines trans-national issues, providing essential context to the EU's legislative instruments intended to protect the financial interests of the Union.
