Suchergebnisse

The latest amendment to the CPA / 08 is one of the most demanding changes that accompanied the transposition of the EU Directive into our national legislation. Although more than one directive is concerned, the most significant is the Directive of the European Parliament and Council Directive 2013/48 / EU on 22 October 2013., on access to the lawyer in criminal proceedings and in proceedings based on a European Arrest Warrant, as well as on the right to third party information in the event of arrest and a right to communication with third parties and consular authorities. In essence, the Directive amended the police's conduct towards the suspect in a way that "forbids" the gathering of information from the suspect, and the police are obliged to conduct the investigation with the full guarantee of the right to defense. Considering the practical aspect of the current legislation, especially when conducting criminal investigations into the domain of general criminality (blood and property delicts), for police officers, the informal testimony of the suspect plays a significant role in further prosecuting and directing criminal investigation. Directing the investigation is important for detecting potential perpetrators of crime, finding objects and traces that have resulted from the perpetration of a criminal offense or from those used to commit a criminal offense, ie information, objects and traces that might be of use to successfully conduct criminal proceedings. With the Amendments to the CPA / 08, police officers will no longer be able to conduct such informal informational conversation with the suspect for a specific criminal offense. The basic aim of the research is to establish which changes do the amendments to the legal provisions haveon the detective and the demonstration activity of the police, and from a practical aspect, the research aims to look at the difficulties as well as the benefits faced daily by the police officers in detecting and proving the perpetration of criminal offenses. This paper presents the results of preliminary research conducted in the area of Zagreb County Police Administration.

Overdose mortality and the legitimacy crisis facing policing have propelled momentum for drug law reform. Yet, resulting reforms and associated protections are often functionally undermined by enforcement practices and the legal environment faced by people who use drugs. To explore this tension, we conducted a community-based study in Ontario, Canada. Our findings show that people's experiences of policing at overdose events reflect a legal regime characterized by their ambiguous legal status and uncertain protections. We argue that the resulting state of liminal legality is enacted in large part through police discretion and the uneven distribution of enforcement practices across spaces and populations; individuals compensate for this legal environment by mobilizing their knowledge of legal risks. Together, these expressions of law and drug enforcement generate substantial moral injury among people who use drugs.

In China, 'residential surveillance at a designated residence,' as provided by its current Criminal Procedure Law, is a special form of pre-trial detention designed allegedly as a non-custodial measure to reduce the rate of pre-trial custody. However, legal provisions concerning this measure tacitly allow suspects to be held incommunicado for up to six months without access to relatives and lawyers. The measure is also highly problematic in legal practice, because it often acts as a convenient tool for bypassing regular legal safeguards. 'Residential surveillance at a designated residence' is very similar to two other measures—'shuanggui' and 'liuzhi'—with Chinese characteristics. The repressive detention measure stains China's struggle for the rule of law. (J Contemp China/GIGA)

Chapter 1: Introduction: Legal Positivism in a Global and Transnational Age -- Part I: Legal Positivism, the State, and International Legal Theory -- Chapter 2: About the Impossibility of Absolute State Sovereignty. The Modern Era and the Early Legal Positivist Claim -- Chapter 3: Taking Legal Positivism beyond the State: Finding Secondary Rules? -- Chapter 4: New International Legal Positivism: Formalism by Another Name? -- Part II: Legal Positivism and Social Practices -- Chapter 5: Legal Positivism as Tekhnē: Postnational Normative Ontology and Positivist Effectual Temporality -- Chapter 6: Barking Up the Wrong Tree? Systems Theory and the 'Social Positivisation' of Human Rights -- Chapter 7: Before and After Legal Positivity: Peremptory Norms in Global and Transnational Social Practice -- Part III: Beyond Legal Positivism? -- Chapter 8: Positivism and the Peace/power Dialectic: Feminist Reflections in a Transnational Age -- Chapter 9: Beyond Legal Positivism in Transnational Law -- Chapter 10: How Post-Positivism Sheds Light on Treaty Interpretation: Celebrating the VCLT Rule of Interpretation -- Chapter 11: Responsibility of Corporations in International Law: Positivism and Transnationalism Revisited

The subject matter of this paper is legal protection against administrative silence, i.e. non-performance of the administration. The first part of the paper explores the concept of administrative silence and presents two dominant models of administrative silence: the negative model and the positive model. The second part focuses on administrative proceedings dealing with administrative silence, with specific reference to statutory time limits pertaining to legal protection against administrative silence. The third part elaborates on the consequences and effects of initiated proceedings, including available legal options and solutions for resolving such disputes in the future. The fourth part provides an example of proceedings in an administrative silence case. In conclusion, the author sums up the key issues that are have to be addressed in order to improve the efficiency and effectiveness of proceedings in such cases. The problem of legal protection against administrative silence is surely not an important subject in the legal science but it certainly has a huge practical effect on the establishment of the legal system and citizens' trust in it.

Foreword -- Preface -- Acknowledgments -- Contents -- Table of Statutes -- Table of Statutory Instruments -- Table of European Legislation -- Table of Cases -- Chapter 1 Section 20 of the Children Act 1989 -- Introduction -- History of the Children Act 1989, s 20 and current pressures -- Accommodation under s 20 -- Current law in relation to s 20 -- A draft s 20 agreement -- Claims for declaration and damages -- Conclusion -- Chapter 2 Threshold: Children Act 1989, sections 31 and 38 -- Introduction -- Basic principles of the CA 1989, ss 31 and 38 -- Tricky issues -- Use of split hearings -- Pleading threshold: a guide -- Conclusion -- Chapter 3 International public law orders -- Introduction -- Introductory procedural tips -- Care orders: jurisdiction -- Care orders: welfare -- Placement and adoption orders: jurisdiction and welfare -- Placing children abroad: adoption and special guardianship orders, BIIa, Art 56 and placements under the Hague Convention 1996 -- Relinquished babies -- Conclusion -- Chapter 4 Children's evidence: 'achieving best evidence' and court evidence -- Introduction -- Achieving best evidence: the process -- Children giving evidence in family proceedings: guidance and tips -- Children giving evidence in family proceedings: advocacy -- Children meeting judges -- Conclusion -- Appendix 1: Guidelines in relation to children giving evidence in family proceedings (24 June 2011) -- Appendix 2: Guidelines for Judges Meeting Children who are subject to Family Proceedings (April 2010) -- Chapter 5 Forced marriage, honour-based violence and female genital mutilation -- Introduction -- Forced marriage -- Honour-based violence -- Female genital mutilation -- Conclusion -- Chapter 6 Child trafficking -- Introduction -- Definition of trafficking -- Relevant statutes -- Local authority obligations to trafficked children: general.