Suchergebnisse

The evolution of information and communication technologies has impacted society, including the modus operandi of criminals, who use them in the preparation and commission of their criminal activities. This led to the adaptation in the work of criminal justice actors who increasingly rely on electronic evidence in the course of criminal proceedings. This type of evidence, composed of data, including sensitive personal data, presents certain characteristics, as it is often produced online, easily moved and destroyed. As a consequence, several actors started to develop new standards on direct cooperation with service providers for obtaining the preservation and disclosure of such data. The present Article, taking the perspective of the European Union in such matters, aims to analyse the mechanisms through which the EU, relying on both its internal and external competences, participates in the elaboration of common criminal procedural rules. Building on the internal EU proposals on e-evidence, the EU claimed external competences to negotiate a bilateral agreement with the United States of America and to participate in the negotiations of a Second Protocol to the Budapest Convention on Cybercrime. If at the current stage of the negotiations, it is unclear what will result of these parallel processes, the EU has the possibility in the elaboration of these standards to manifest the importance it grants to the protection of fundamental rights, both internally and externally. ; info:eu-repo/semantics/published

National criminal justice systems are slowly integrating in an effort to combat cross border criminality. 'New perspectives on the structure of transnational criminal justice' provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact

This new volume on Social and Psychological Bases of Ideology and System Justification brings together several of the most prominent social and political psychologists who are responsible for the resurgence of interest in the study of ideology, broadly defined. Leading scientists and scholars from several related disciplines, including psychology, sociology, political science, law, and organizational behavior present their cutting-edge theorizing and research. Topics include the social, personality, cognitive and motivational antecedents and consequences of adopting liberal versus conservative

"Contract no. 68-01-2203." ; "Report . by the Environmental Law Institute under the sponsorship of the Environmental Protection Agency." ; Includes bibliographical references ; Mode of access: Internet.

The African Canadian Legal Odyssey explores the history of African Canadians and the law from the era of slavery until the early twenty-first century. ;This collection demonstrates that the social history of Blacks in Canada has always been inextricably bound to questi52.99ons of law, and that the role of the law in shaping Black life was often ambiguous and shifted over time.Comprised of eleven engaging chapters, organized both thematically and chronologically, it includes a substantive introduction that provides a synthesis and overview of this complex history. This outstanding collection will appeal to both advanced specialists and undergraduate students and makes an important contribution to an emerging field of scholarly inquiry

The Jordanian legislator has organized the provisions of acknowledgment in the Evidence Law, but did not include provisions for interrogation of opponents as did by most of the Arab laws. However, the Jordanian legislator mentioned in one provision to the subject of interrogation, in a brief general provision provided for in paragraph (2) of Article (76) of Civil Procedure Law. This was adversely reflected on the provisions of the Jordanian courts as their role is limited to the application of the provisions of the law in force. Right of interrogation is limited to court of merits, as having solely the power to undertaking interrogation by itself, without interruption by request from opponents, but also despite their opposition. Interrogation comes, upon a request by one of the parties in a lawsuit, as a plaintiff, defendant or intermediate party. The court may also go back on its decision to interrogate the opponent without any supervision from the Court of Cassation, once found in the summons and the evidence submitted to it that is no need for executing the interrogation decision or if it considered that there is no point in taking action. Results of interrogation depend on and determined by the opponent's position who is interrogated during the interrogation process. If the court reached through interrogating the opponent, to a clear and explicit acknowledgement, in such case, such acknowledgment shall be a judicial acknowledgment binding on the interrogated and the court, and its provisions must be applied and the judgment shall be issued based thereon. However, if the interrogated denied subject matter of the interrogation, then such denial has no effect on evidence and interrogation shall be as it if does not exist, and the person who request it must prove his claiming in accordance with the general rules of evidence. Therefore, this study was divided into three sections, as follows: Section 1: Order to conduct interrogation. Section 2: Subject matter of interrogation and Section 3: Procedures and effects of interrogation.

Los problemas que plantea la financiación de los partidos políticos en las democracias occidentales han sido extensamente analizados, tanto en la literatura especializada internacional como en la española, por disciplinas como la ciencia política y ramas jurídicas como el derecho constitucional. Desde el punto de vista penal, sin embargo, la doctrina y la jurisprudencia han dedicado una atención escasa y asistemática al fenómeno. La tesis aquí planteada pretende conectar aspectos politológicos y constitucionales con la problemática penal de la corrupción, partiendo de las características del sistema de partidos español y del derecho penal vigente en materia de corrupción. En este sentido, los conocimientos a aplicar en la elaboración de la tesis abarcan un ámbito multidisciplinar, que dota a la misma de una orientación eminentemente político-criminal, aun con referencias a los problemas dogmáticos y de derecho positivo que el problema de la financiación ilegal de partidos plantea a nivel doctrinal, procesal y político. A lo largo de sus cinco capítulos, esta tesis aborda el fenómeno de la financiación ilegal de partidos desde (a) el análisis del funcionamiento del sistema de partidos español a partir de la experiencia comparada y de la sociología de sistemas de partidos; (b) el análisis político-criminal de los escándalos de financiación ilegal de partidos y la reacción institucional a los mismos; (c) el análisis dogmático del Derecho Penal vigente en materia de corrupción, y su idoneidad como instrumento de control de la corrupción en la financiación de partidos; (d) el análisis de las técnicas de regulación y prevención en el ámbito empresarial, particularmente la responsabilidad penal de las personas jurídicas, como posibles mecanismos de intervención penal en la búsqueda de resultados politico-criminales de prevención de la corrupción y de promoción de modelos de partido normativamente legítimos sustentados en el mandato constitucional de democracia interna. ; The problems posed by the financing of political parties in Western democracies have been extensively analyzed, both in international and Spanish specialized literature, by disciplines such as political science and legal scholarship such as constitutional law. From the Criminal Law point of view, however, the doctrine and jurisprudence have devoted little or no attention to the phenomenon. The thesis presented here seeks to connect political and constitutional aspects to the criminal problem of corruption, based on the characteristics of the Spanish party system and current criminal law on corruption. In this sense, the knowledge to be applied in the elaboration of the thesis covers a multidisciplinary field, which gives it an eminently criminal-policy orientation, even though it refers to the dogmatic and positive law problems that the problem of illegal party financing poses at a doctrinal, procedural and political level. Throughout its five chapters, this thesis addresses the phenomenon of illegal party financing from (a) the analysis of the functioning of the Spanish party system based on comparative experience and the sociology of party systems; (b) the political-criminal analysis of illegal party financing scandals and the institutional reaction to them; (c) the dogmatic analysis of current criminal law on corruption, and its suitability as an instrument for controlling corruption in party financing; (d) the analysis of regulatory and preventive techniques in the business sphere, particularly the criminal responsibility of legal persons, as a possible mechanism for criminal law intervention in the search for criminal policy results in the prevention of corruption and the promotion of normatively legitimate party models based on the constitutional mandate of internal democracy.

The Sci & Technology Task Force of the President's Commission on Law Enforcement & administration of Justice, as one of its forward-reaching endeavors, examined how sci & technology might contribute to the control of crime & to the operations of the criminal justice system. A report is presented on some studies re the potential role of systems analysis. Alternative technological investments by police dept's are compared with a model of the apprehension process. Bottlenecks in moving case. through a court are identified through the use of a computer simulation of the court. A model of the total criminal justice system raises basic questions about the escalation of seriousness of crimes in criminal careers. Analyses of data on arrest trends show that about 50% of the young boys in the US will be arrested at some time in their lives. These illustrative studies show considerable potential for more widespread application of systems analysis throughout the criminal justice system. HA.