Developing An Eu Level Offence Classification System

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Developing an EU Level Offence Classification System

A. Mennens
Developing an EU Level Offence Classification System Book PDF

Author : A. Mennens
Publisher : Maklu
Page : 116 pages
File Size : 49,5 Mb
Release : 2009
Category : Law
ISBN : 9789046602652

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Developing an EU Level Offence Classification System by A. Mennens Pdf

In the EU area of freedom, security, and justice, one of the main deficiencies is the lack of cross-country comparable data on crime and criminal justice. The importance of progress in this domain - especially in the context of the identification of best practices in the fight against crime - has been identified on several occasions. The main difficulty lies in the comparability of data or the guarantee that exchanged data is understood in the same way by all actors. In March 2007, the European Commission's Directorate-General for Justice, Freedom and Security launched a call for a Study on the Development of an EU Level Offence Classification System and an Assessment of Its Feasibility to Supporting the Implementation of the Action Plan to Develop an EU Strategy to Measure Crime and Criminal Justice (The Crime Statistics Project [CSP]). This book contains the final report of that Project. In the context of the project, the EU Level Offence Classification System (EULOCS) was created. Its aim is not to become yet another compelling system that requires Member States to further harmonize domestic criminal law or to adjust national data models, but to be a reference index that could serve the different needs in the wider area of justice and home affairs. According to its authors, the area of justice and home affairs could benefit from using EULOCS as a bench-mark, increasing the internal coherence of EU's criminal policy. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be an asset to everyone involved in or taking an interest in the production of meaningful and comparable data on crime and criminal justice in Europe.

EULOCS

Gert Vermeulen
EULOCS Book PDF

Author : Gert Vermeulen
Publisher : Maklu
Page : 114 pages
File Size : 48,7 Mb
Release : 2009
Category : Law
ISBN : 9789046602645

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EULOCS by Gert Vermeulen Pdf

The EU Level Offence Classification System (EULOCS) brings together the current EU substantive criminal law acquis, building essentially on offence definitions referred to in legal instruments included in the EU Justice and Home Affairs (EU JHA) acquis. In doing so, EULOCS clarifies the scope between EU competence and national sovereignty with regard to defining criminal behavior. With this book, EULOCS is bench-marked as a reference index for serving various needs in the broader EU criminal policy area, having the potential to significantly enhance the internal coherence thereof. The proposed reference index, with offence definitions inherent to it, fundamentally addresses the problem created by the organic elaboration and adoption of legal instruments at the EU level, making reference to certain offence categories the scope or definition whereof is most often either not clarified or indicated, or left to the discretion of the individual Member States. Before elaborating on the creation of EULOCS - the methodology used, its main characteristics, and the potential for further development in the coming years - this book contains a brief overview of the incoherence in the EU JHA field and a reference to the EU study to implement the Action Plan to measure crime and criminal justice, conducted for the European Commission in the course of 2008-2009, in the context of which EULOCS has been created. Most importantly, the full EULOCS, with all its complementary variables and context fields, has been inserted. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in justice and home affairs or criminal policy initiatives in the EU.

Need for and Feasibility of an Eu Offence Policy

Wendy De Bondt
Need for and Feasibility of an Eu Offence Policy Book PDF

Author : Wendy De Bondt
Publisher : Maklu
Page : 87 pages
File Size : 53,5 Mb
Release : 2012-12-03
Category : Law
ISBN : 9789046605370

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Need for and Feasibility of an Eu Offence Policy by Wendy De Bondt Pdf

This book starts from the observation that criminal law is different in each of the EU's Member States: (1) what constitutes as an offense in one Member State does not necessarily constitute as an offense in another member state; (2) where offenses are equally criminalized in all Member States, the sanction levels may still vary; and (3) more generally, the position of the offenses in the entirety of the justice system may vary. The question arises: to what extent are those so-called offense diversities an obstacle for EU policy making and to what extent is it feasible to overcome those obstacles? The book underpins the need for the development of an EU offense policy, using the common criminalization acquis as a center piece. It argues that the common criminalization acquis can help: to ensure comparability of crime statistics * to avoid redundant double criminality testing * to overcome evidence gathering difficulties * to clarify the mandates of the EU level actors * to identify the equivalent national sentence * to scope the taking account of prior convictions. The only condition: the development of a comprehensive, consistent, and well-balanced EU offense policy. This book contains the conclusions of author Wendy De Bondt's publication-based doctoral thesis defended at Ghent University in June 2012. It will be essential reading for policy makers, both at the national and European level, in any policy field that is linked to offenses.

Readings on Criminal Justice, Criminal Law & Policing

Marc Cools
Readings on Criminal Justice Criminal Law Policing Book PDF

Author : Marc Cools
Publisher : Maklu
Page : 384 pages
File Size : 41,6 Mb
Release : 2009
Category : Law
ISBN : 9789046602416

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Readings on Criminal Justice, Criminal Law & Policing by Marc Cools Pdf

In today's globalized society, an international exchange of ideas and views is indispensable within the field of social sciences, including criminology and criminal justice studies. The research group Governance of Security (GofS) fosters contemporary international discourses on issues of crime and crime control. In 2008, GofS started a research paper series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is a collaboration between Ghent University and Ghent University College in Belgium. GofS concentrates its research around the study of administrative and judicial policy that have been developed with respect to new issues of crime and insecurity. The GofS series - Governance of Security Research Papers (GofS) - is published by Maklu Publishing (Belgium). Readings on Criminal Justice, Criminal Law and Policing - Volume 2 of GofS's series Governance of Security Research Papers - includes the following: Punishment across Borders: The Rationales behind International Execution of Sentences . Interpreting the Concept of 'Discretionary Power' within the Execution of Sentences: A Comparison between the Belgian and French Situation . Esperanto for EU Crime Statistics: Towards Common European Offense Definitions in an EU-level Offense Classification System . Developing a Framework for the Legal Rights of Victims and Witnesses . What Can European Institutions and the International Criminal Court Learn from Each Other? . Purpose Limitation in EU-US Data Exchange in Criminal Matters: The Remains of the Day . Some Criminal Law Reflections on the Sexual Transmission of HIV . Reading about Crime in Post-Intervention Societies: A Critical Assessment . Policing and Leadership: The Case of the Belgian Chiefs of the Local Police . Reflections on the Possible Integration of Intelligence-Led Policing into Community Policing: The Belgian Case . Reliability and Correlational Validity of Police Interview Competences: Assessing the Stability of the Police Interview Competency Inventory . The Role of Europol in Joint Investigation Teams: A Foretaste of an Executive European Police Office? . Checking Aspects of a "Nodal Orientation" for Policing the Port of Antwerp.

EU and International Crime Control

Marc Cools
EU and International Crime Control Book PDF

Author : Marc Cools
Publisher : Maklu
Page : 224 pages
File Size : 48,5 Mb
Release : 2010
Category : Criminal investigation
ISBN : 9789046603284

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EU and International Crime Control by Marc Cools Pdf

EU and International Crime Control focuses on intrinsic EU criminal policy aspects, including its transatlantic cooperation with the US. Additionally, the book examines anti-money laundering control, counter-strategies of criminal organizations, and police torture. Chapters include: Appreciating Approximation: Using Common Offense Concepts to Facilitate Police and Judicial Cooperation in the EU * Approximation and Mutual Recognition of Procedural Safeguards of Suspects and Defendants in Criminal Proceedings throughout the European Union * Shaping the Competence of Europol: An FBI Perspective * Towards a Coherent EU Policy on Outgoing Data Transfers for Use in Criminal Matters? The Adequacy Requirement and the Framework Decision on Data Protection in Criminal Matters: A Transatlantic Exercise in Adequacy * The International Private Security Industry as Part of the European Union Security Framework: A Critical Assessment of the French EU Presidency White Paper * The Anti-Money Laundering Complex on a Crime Control Continuum: Perceptions of Risk, Power and Efficacy * The Use of Counterstrategies by Criminal Organizations: 'Intimidation and the Use of Violence against Police Officers' * Police Torture in China and Its Causes.

The Future of Police and Judicial Cooperation in the EU

Cyrille J.C.F. Fijnaut,Jannemieke Ouwerkerk
The Future of Police and Judicial Cooperation in the EU Book PDF

Author : Cyrille J.C.F. Fijnaut,Jannemieke Ouwerkerk
Publisher : BRILL
Page : 436 pages
File Size : 43,8 Mb
Release : 2009-11-23
Category : Law
ISBN : 9789004193369

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The Future of Police and Judicial Cooperation in the EU by Cyrille J.C.F. Fijnaut,Jannemieke Ouwerkerk Pdf

Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

Liability of Legal Persons for Offences in the EU

Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman
Liability of Legal Persons for Offences in the EU Book PDF

Author : Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman
Publisher : Maklu
Page : 203 pages
File Size : 44,8 Mb
Release : 2012
Category : Law
ISBN : 9789046605202

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Liability of Legal Persons for Offences in the EU by Gert Vermeulen,Wendy De Bondt,Charlotte Ryckman Pdf

Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 47,6 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Rethinking International Cooperation in Criminal Matters in the EU

Gert Vermeulen,Wendy De Bondt
Rethinking International Cooperation in Criminal Matters in the EU Book PDF

Author : Gert Vermeulen,Wendy De Bondt
Publisher : Maklu
Page : 769 pages
File Size : 40,8 Mb
Release : 2012
Category : Law
ISBN : 9789046604878

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Rethinking International Cooperation in Criminal Matters in the EU by Gert Vermeulen,Wendy De Bondt Pdf

In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

Martyna Kusak
Mutual admissibility of evidence in criminal matters in the EU IRCP series vol 53 Book PDF

Author : Martyna Kusak
Publisher : Maklu
Page : 245 pages
File Size : 42,7 Mb
Release : 2017-01-26
Category : Admissible evidence
ISBN : 9789046608401

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Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) by Martyna Kusak Pdf

Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU

Gert Vermeulen
Cross border Execution of Judgements Involving Deprivation of Liberty in the EU Book PDF

Author : Gert Vermeulen
Publisher : Maklu
Page : 312 pages
File Size : 48,7 Mb
Release : 2011
Category : Law
ISBN : 9789046604557

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Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU by Gert Vermeulen Pdf

In 2008, the introduction of the EU's Framework Decision - the principle of mutual recognition of judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. This book contains EU-level legal and practitioners' analyses, as well as the high level final report to the study, confirming preliminary concerns that flanking measures are urgently needed for a proper operation of the Framework Decision. It will be essential reading for policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 40)

Rethinking EU VAT for P2P Distribution

Cristina Trenta
Rethinking EU VAT for P2P Distribution Book PDF

Author : Cristina Trenta
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 43,8 Mb
Release : 2015-09-24
Category : Law
ISBN : 9789041161451

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Rethinking EU VAT for P2P Distribution by Cristina Trenta Pdf

Peer-to-peer (P2P) networks – decentralized group structures allowing anyone to easily download and share resources online – already play a critical role in the distribution of digital content. Most of the debate on P2P heretofore has focused on copyright issues. However, as the basis for legitimate business models a number of companies have already quietly embraced, P2P has a largely unknown and underestimated impact on taxation, with vast repercussions on the development of mature, profitable markets. This book analyses the current framing for digital and media supplies provided via P2P technologies through the lens of an interdisciplinary approach drawing on tax law, computer science, economics, copyright law, and business studies. VAT concepts such as those of economic activity and taxable person, taxable transactions, consideration, barter and taxable amount, and territoriality rules are discussed in connection with P2P, as is the evaluation of VAT liability for P2P operations in the presence of copyright infringement. Topics and issues considered include: - centralized and decentralized P2P networks; - free-riding problems; - identifying actors in P2P networks for VAT purposes; - P2P and place of supply; and - pros and cons of integrating P2P with taxation regimes and especially VAT systems. The analysis draws on a vast range of sources, including EU legislation and case law, tax law literature and doctrine, international conventions and treaties, Council of Europe and OECD documents, ECHR case law, and official documents and cases from key jurisdictions worldwide, offering the first thoroughly grounded approach to overcoming the lack of understanding and awareness of ongoing changes currently separating the digital economy and traditional taxation systems, and a solid platform for discussion to the diverse communities of researchers and professionals interested in P2P.

EU Cross-border Gathering and Use of Evidence in Criminal Matters

Gert Vermeulen,Wendy De Bondt,Yasmin van Damme
EU Cross border Gathering and Use of Evidence in Criminal Matters Book PDF

Author : Gert Vermeulen,Wendy De Bondt,Yasmin van Damme
Publisher : Maklu
Page : 256 pages
File Size : 42,8 Mb
Release : 2010
Category : Law
ISBN : 9789046603437

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EU Cross-border Gathering and Use of Evidence in Criminal Matters by Gert Vermeulen,Wendy De Bondt,Yasmin van Damme Pdf

The European Council set out the 2007 specific program on 'Criminal Justice' as part of the General Program on Fundamental Rights and Justice. The concrete objectives of the program include the promotion of the principle of mutual recognition and mutual trust, eliminating obstacles created by disparities between Member States judicial systems, and improving knowledge of Member States' legal and judicial systems in criminal matters, and the exchange and dissemination of good practice. As part of this program, the European Commission awarded a contract to the Institute of International Research on Criminal Policy to conduct the study. This book is the result of that study. The initial aim of the study was to obtain up-to-date information on the national laws of the EU Member States on the gathering and handling of evidence and to analyze that information in the light of recent developments in legislation governing cross-border transmission of evidence, in particular the 2008 European Evidence Warrant. In addition, it was the intention of the European Commission to initiate preparatory work on a legal instrument that would expand the scope of application of the European Evidence Warrant in order to further replace the existing regime of mutual legal assistance within the EU by a mechanism based on the mutual recognition principle. As a result, the study was broadened to also assess whether or not a mutual recognition-based EU mutual legal assistance regime is desirable and feasible. Whereas the Green Paper on obtaining evidence in criminal matters (issued in 2009 by the European Commission) raises general questions on the matter, this book provides an in-depth and full-scale overview of the current situation relating to cross-border gathering, obtaining, and admissibility of evidence in criminal matters between the EU Member States, as well as clear-cut future legal and policy options. This book is essential reading for EU policy makers, as well as judicial and law enforcement authorities throughout the EU and from a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in criminal policy initiatives in the EU.

Transnational Financial Crime

Nikos Passas
Transnational Financial Crime Book PDF

Author : Nikos Passas
Publisher : Routledge
Page : 676 pages
File Size : 54,5 Mb
Release : 2017-07-05
Category : Social Science
ISBN : 9781351538503

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Transnational Financial Crime by Nikos Passas Pdf

Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology.

Extending Offender Mobility

Stijn Van Daele
Extending Offender Mobility Book PDF

Author : Stijn Van Daele
Publisher : Maklu
Page : 157 pages
File Size : 54,6 Mb
Release : 2012
Category : Social Science
ISBN : 9789046605141

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Extending Offender Mobility by Stijn Van Daele Pdf

Environmental criminology brings together a range of theories and areas for study. One of these domains is the study of offender mobility: how offenders move to (and sometimes from) crime sites, how they select their targets, where they start, the distance they cover, and the direction they move in. Inspired by routine activity theory, rational choice perspectives, and pattern theory, as well as principles of human ecology and foraging behavior, offender mobility studies have come to a number of recurrent findings. However, most of these studies use similar data samples and settings, as they deal with local offenders operating in urban neighborhoods. This book extends this line of research by examining another sample in another setting. Through the study of so-called 'itinerant crime groups' in Belgium, the mobility of a sample of foreign offenders is investigated in a nation-wide setting. Mobility patterns of these offenders are studied through a variety of methods and techniques, including quantitative and qualitative analyses of crime statistics, case files, and offender interviews. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 43)