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Principles of German Criminal Procedure

Principles of German Criminal Procedure Author Michael Bohlander
ISBN-10 9781847318985
Release 2012-02-01
Pages 326
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The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author's earlier publications, 'The German Criminal Code - A Modern English Translation', and 'Principles of German Criminal Law', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.



Principles of German Criminal Law

Principles of German Criminal Law Author Michael Bohlander
ISBN-10 STANFORD:36105134424501
Release 2009-01
Pages 244
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The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles and their developments under the influence of academic writing and judicial decisions.



Principles of German Criminal Procedure

Principles of German Criminal Procedure Author Michael Bohlander
ISBN-10 9781847318978
Release 2012-02-01
Pages 326
Download Link Click Here

The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author's earlier publications, 'The German Criminal Code - A Modern English Translation', and 'Principles of German Criminal Law', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.



Crime Procedure and Evidence in a Comparative and International Context

Crime  Procedure and Evidence in a Comparative and International Context Author John Jackson
ISBN-10 9781847314628
Release 2008-09-29
Pages 462
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This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.



Hybrid and Internationalised Criminal Tribunals

Hybrid and Internationalised Criminal Tribunals Author Sarah Williams
ISBN-10 9781847319241
Release 2012-04-02
Pages 520
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In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.



European Criminal Procedures

European Criminal Procedures Author Mireille Delmas-Marty
ISBN-10 0521591104
Release 2002-10-17
Pages 775
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Revised by Elena Ricci



Perpetrators and Accessories in International Criminal Law

Perpetrators and Accessories in International Criminal Law Author Neha Jain
ISBN-10 9781782254102
Release 2014-12-01
Pages 232
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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.



The Concept of Mens Rea in International Criminal Law

The Concept of Mens Rea in International Criminal Law Author Mohamed Elewa Badar
ISBN-10 9781782250661
Release 2013-01-30
Pages 540
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The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.



International and European Criminal Law

International and European Criminal Law Author Helmut Satzger
ISBN-10 1509922237
Release 2017-12-14
Pages 352
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In the wake of increasing globalisation, criminal law has become an internationalised subject. This revised and updated second edition highlights the most important aspects of European and international criminal law in order to provide the reader with a comprehensive, concise and solid introduction to this modern field of law. The book focuses on: Rules determining the exercise of jurisdiction; 'European Criminal Law' dealing with the question if and how far the EU may create or harmonise criminal law; Evolution of European Criminal Procedure Law; Ne bis in idem-principle; Guarantees under the European Convention of Human Rights; Principles of International Criminal Law; and Procedures and substantive law of the International Criminal Court (ICC). ***Praise for the first edition: '.The book is most definitely worth a read even for those with more specific interests in the topics covered, and it will serve well as a textbook.'--Annika Suominen, European Criminal Law Review ***"This book is both an outstanding and demanding presentation of international criminal law and its current developments and trends caused by globalisation."--Landeskriminalblatt Niedersachsen [Subject: International Criminal Law, Comparative Criminal Law, Criminal Law]



The Accusation Model Before the International Criminal Court

The Accusation Model Before the International Criminal Court Author Hanna Kuczyńska
ISBN-10 9783319176260
Release 2015-05-07
Pages 409
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This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?



International Criminal Procedure

International Criminal Procedure Author Göran Sluiter
ISBN-10 9780199658022
Release 2013-03-21
Pages 1681
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This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.



Liberal Criminal Theory

Liberal Criminal Theory Author A P Simester
ISBN-10 9781782254553
Release 2014-12-01
Pages 380
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This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.



The Diversification and Fragmentation of International Criminal Law

The Diversification and Fragmentation of International Criminal Law Author Larissa van den Herik
ISBN-10 9789004214590
Release 2012
Pages 734
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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.



Effective Criminal Defence in Europe

Effective Criminal Defence in Europe Author
ISBN-10 STANFORD:36105134521504
Release 2010
Pages 657
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Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --



Model Codes for Post conflict Criminal Justice General part Definitions Fundamental principles Jurisdiction Ne bis in idem statutory limitations Time and place of commission of a criminal offense Criminal offense criminal responsibility and commission of a criminal offense Criminal responsibility of legal persons Justification and excusal of criminal responsibility Criminal attempt Participation in a criminal offense Penalties Confiscation of the proceeds of crime and property Dispositions applicable to juveniles and adults on trial for criminal offenses committed as juveniles

Model Codes for Post conflict Criminal Justice  General part  Definitions   Fundamental principles   Jurisdiction   Ne bis in idem statutory limitations   Time and place of commission of a criminal offense   Criminal offense  criminal responsibility  and commission of a criminal offense   Criminal responsibility of legal persons   Justification and excusal of criminal responsibility   Criminal attempt   Participation in a criminal offense   Penalties   Confiscation of the proceeds of crime and property   Dispositions applicable to juveniles and adults on trial for criminal offenses committed as juveniles Author Vivienne M. O'Connor
ISBN-10 1601270127
Release 2007
Pages 472
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These volumes are the culmination of a five-year project to produce a criminal law reform tool tailored to the needs of countries emerging from conflict.



Comparative Criminal Procedure

Comparative Criminal Procedure Author Jacqueline E. Ross
ISBN-10 9781781007198
Release 2016-06-24
Pages 576
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This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.



The Law Quarterly Review

The Law Quarterly Review Author
ISBN-10 NYPL:33433008082327
Release 1898
Pages
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The Law Quarterly Review has been writing in one form or another for most of life. You can find so many inspiration from The Law Quarterly Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Law Quarterly Review book for free.