In September 2020, President von der Leyen announced the Commission’s intention to propose to extend the list of EU crimes or Eurocrimes to all forms of hate crime and hate speech, as later reflected in the Commission Work Programme 2021. The article first examines the need for such action at EU level, highlighting also certain shortcomings with existing regulation of hate crime and hate speech across

Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection programs have co-existed with often substandard outcomes for participants, law enforcement and the criminal justice system. Although in accordance with Australia’s federal system of government, the framework of witness protection

Judicially supervised negotiated settlements have featured heavily of late in discourse on responses to financial crimes committed by corporations. The United States has recently concluded a series of proceeds of kleptocracy settlements with individuals using processes which, from transparency and accountability perspectives, compare favourably to England’s asset recovery practice. This paper seeks

Prevailing conditions of access to justice and due process in the Singapore courts are criticised through McBarnet’s two-tier lens and Carlen’s dramaturgical understandings of criminal court realities. More than an interest in the structural separation of the Singapore judiciary, the paper interrogates the dualism between the imagined workings of justice and the daily operational experience for users

The importance of digital evidence, especially online content, is continuously increasing due to the proliferation of digital technologies in socio-economic life. However, the legal means of criminal evidence gathering in Polish legislation remain unchanged and do not take into account some contemporary challenges. In various countries, traditional rules of evidence gathering were created in the context

This article aims at promoting a new approach regarding criminal law and crimes that include a provision that relates to pregnancy. We thus try to set a starting point for future debates on the manners in which European countries criminalise offences related to pregnancies. We lay an emphasis on how the criminal legislation might have a considerable impact in discriminating or complicating situations

Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that “complete labelling” is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant’s rights, the principle of complete

Academic reviews (hereinafter “reviews”) are an integral part of legal journals. While their purpose and usefulness are at times disputed, all sub-disciplines of legal studies nevertheless argue in equal measure that a lack of substantial academic exchange by way of reviews would result in the impoverishment of scientific discourse. In German criminal law scholarship, two recent cases have sparked

In any state where the rule of law is applied, criminal justice serves to guarantee the efficiency and legitimacy of liability and all legally sanctioned coercive measures. Its purpose is also to eliminate, insofar as is possible, any arbitrariness and dishonesty arising in the course of criminal prosecution. Thus, the rules underpinning criminal law and procedure, formulated precisely, harmonized

The practice of induced guilty pleas, in which a defendant is induced to plead guilty due to an offered concession, has long been criticised in legal studies. It offers an alternative mode of resolving criminal prosecutions, causing a wide range of concerns, namely, imposing undue pressure on the defendant’s free will; truth divergence; the risk of convicting innocents and the misuse of prosecutorial

This book is an exceptionally high-quality piece of work on the role played by domestic courts in Latin America in the development, codification, implementation of International Criminal Law. In particular, this book analyses how these courts have contributed to the definition of some international crimes, their elements, and their scope of application and, in so doing, have granted a better place

The money laundering offence (ML offence), as established by the Kuwaiti Anti-Money Laundering and Countering Financing of Terrorism Act 106/2013 (“AML/CFT Act”), has the potential to combat financial crimes. The broad definition of ‘proceeds of crime’ and the ‘all crimes’ approach adopted in the AML/CFT Act are two features that help the ML offence to do so. In relation to Kuwait, where the problem

Forced transfers and deportations of civilian populations are a persistent theme in atrocity crimes. Criminalizing forced displacement not only responds to a major human rights and atrocities problem which is not directly covered by either refugee or international human rights law; it can also serve an important deterrent effect. And yet a critical and enduring question has been around the nature of

This article evaluates and (re)conceptualizes the notion of causation in international criminal law by using insights from legal theory and domestic criminal law. The article draws a distinction between empirical and normative causality and shows that in international case law emphasis has thus far been on empirical causality, whilst the meaning normative causality remains rather undefined and elusive

Since 1997, various provisions have been incorporated into Indonesia’s environmental law which relate to corporate criminal liability. Other laws relating to natural resource management have also had provisions on corporate criminal liability inserted into them. These laws are problematic because they often fail to distinguish between corporate criminal liability and corporate officers’ criminal liability

Murder is an offence that is regarded as atrocious across all civilisations. It is for this reason that some countries, including Botswana, still retain the death penalty for the offence of murder. In April 2018, the parliament of Botswana amended Section 203 (2) of the Penal Code to introduce a minimum mandatory sentence of 15 years imprisonment for murder with extenuating circumstances. This development

The paper is based on the recent Grand Chamber judgment Mihalache v Romania and offers a key to understanding the reason of multiple concurring opinions attached to it. The author provides, in particular, some ideas for a different approach to the ne bis in idem principle in its procedural limb (right not to be “tried” twice), which takes into account its actual and profound ratio of protection of

In most countries that follow the Anglo-American legal system, the criminal process is based on the existence of only two possible alternative legal outcomes – “guilty” and “not guilty” – at the end of a criminal proceeding. That is, a person is acquitted unless the court finds him to be guilty. In contrast, a small number of legal systems, such as those of Scotland, Italy, and Israel, maintain an

Article 5 of the Council of Europe Convention on the Prevention of Terrorism requires member states to criminalise ‘public provocation to commit a terrorist offence’. In the U.K., the realisation of this obligation is found in the ‘Encouragement of terrorism’ offence contained in section 1 of the Terrorism Act 2006. As well as fulfilling the U.K.’s treaty obligation, this offence was intended to stop

The road transport sector in Bangladesh has been simply disorderly for years and gradually going from bad to worse killing about 20,000 people and grievously injuring 50,000 every year as reported by the World Health Organisation. Government transport authorities publicly admit their failure in disciplining the critical sector. The government was ultimately compelled to enact legislation in 2018 following

The importance of analysing the death penalty and state-imposed executions is derived from their concerning the right to life, and their retaining wide-spread support throughout retentionist, abolitionist de facto, and abolitionist states worldwide. Discrepancies in the execution rates of retentionist states appear reducible to their serving symbolic or pragmatic functions i.e. they are used primarily

This paper traces developments - both legal and political in nature - relating to EU citizenship and compares the status quo to what individuals might expect from citizenship particularly within the context of criminal proceedings. Drawing upon debates in political science, it highlights the divergence between EU citizenship and what would normally be associated with any idea of citizenship. Exploring

A public commission of inquiry is an administrative tool used exceptionally by governments to inquire into and report on controversies of significant public importance. Such inquiries allow the public to better understand the complexities of a scandal or tragedy, but provide no ultimate accountability when criminal activity is at play. In Canada, the use of public commissions of inquiry to investigate

The judgments of criminal appeal courts are an example of Calabresi and Bobbitt’s concept of ‘tragic choice’. Judges justify convictions by reference to the values which they attribute to criminal procedures: fairness, truth and rights, rather than the full range of considerations which have influenced the introduction of those procedures: cost, efficiency, crime control, public perceptions of crime

The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity

In the last two decades, two important instruments emerged to combat mass atrocities. In 2002 the International Criminal Court (ICC) was established. Subsequently, in 2005, the international community politically committed itself to the responsibility to protect populations from mass atrocities (R2P) distinguishing three pillars: (i) the responsibility of the state to protect its own population, (ii)

Suicide has become more notorious in recent years, and is now reported regularly in the news. There is greater awareness of the challenge of suicide and attempted suicide partly as a result of increase in social media use. Attempting suicide is a criminal offence under Nigeria’s criminal laws. This law is currently enforced in several states in Nigeria. A legacy of old law from the era of British colonization

The 2016 Office of the Prosecutor of the International Criminal Court (ICC) policy paper on case selection and prioritization is a significant development in that it highlights the possible role of the ICC in prosecuting environmental damage, illegal natural resource exploitation and land grabbing. For obvious reasons, however, the ICC Office of the Prosecutor policy paper could not expand the court’s

Histamlne. Ciba Foundation Symposium jointly with Tlw Physiological ami tlie British Pharmacological Societies in lumoicr of Sir Henry Dale. G. E. W. WolstenJiolme and C. M. O'Connor, Ed. Little, Brown and Co., Boston, Mass., 1956. 472 pages, illustrated. $9.50. The role of histamine in normal processes and in clinical manifestations appeal's to be of considerable importance. Current itsearch is trending

Criminological literature has dedicated considerable efforts to identifying a common pattern in contemporary criminal policy developments, as well as discussing the factors that may explain these changes. Yet, the studies carried out thus far have almost exclusively focused on macro level analysis (political discourse and legislative analysis), disregarding the micro level; that is, the activities

This article argues that the function of criminal law and of punishment consists in stabilizing norms by ascribing culpability. A theoretical and sociological examination of the mechanism of placing blame reveals that it consists of three elements. Blame is placed only if a capable addressee of norms is present (personhood), if this person was in the time of offending competent enough to question a

According to the news published by different media, from the 1950s to the 1990s in Spain, there was a criminal network in different hospitals all over the country devoted to stealing new-borns to give them away through illegal adoptions while informing the biological family that the baby had passed away. It was an allegedly highly profitable business, deeply rooted in Francoist and post-Francoist society

incorporation of sodium acetate-1-C into cholesterol and fatty acids. This increased conversion was evident in both the plainmash and the atherogenic-diet cockerels. Thus, the hypocholesterolemic effect of testosterone propionate is not the result of a decreased synthesis of cholesterol and/or fatty acids. In addition, a trend towards lowering of the plasma and tissue cholesterol levels of the atherogenic-diet

In Seychelles, the general rule is that domestic courts do not have jurisdiction over offences committed abroad. However, there are exceptions to that rule and one of them relates to the offence of piracy committed on the high seas. Section 65(1) of the Seychelles Penal Code creates the offence of piracy which is committed “within Seychelles or elsewhere” and section 65(2) provides that “the courts

There is a global trend represented by the widespread application of confiscation of criminal proceeds, particularly those obtained as a result of corruption offences. Focusing on the Italian law, this article tries to address the following three questions: 1) Why are confiscation and asset recovery so important to fight bribery and corruption crime? In other words, what is the legitimate purpose of

The Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared

It is clear today that there is a significant phenomenon of wrongful convictions. Since safety theory and safety measures are not developed in the criminal justice system, we have to learn it from other areas, where modern safety is common practice, such as aviation, transportation and engineering. The article proposes some general principles for modern safety from false convictions, based on principles

In the Chicago Police Department, a sustained tradition of tolerating violent conduct has contributed to the fostering of a police culture in which the use of force is celebrated. Evidence suggests that there has been a historical reluctance to take action to discipline officers accused of misconduct – many of whom are highly decorated veterans of the Chicago Police Department. It is the contention

Following the common law tradition in respect of criminal procedure, South African legislation does not allow the National Prosecuting Authority of South Africa (hereafter referred to as “the State”) to appeal on a question of fact decided in favour of an accused person. This is the case even in the event of a material factual error. The State increasingly makes use of its limited statutorily conferred

To date, the literature on sentencing reform has largely focused on western jurisdictions, particularly the United States and Europe. Developments in other parts of the world, particularly on the African continent, have been overlooked. This article explores sentencing in a lesser-known African jurisdiction: Ethiopia. The focus of the essay is upon the issue of structured sentencing. Sentencing in

This article explores the application of the gravity threshold to cyber conduct that might fall under the jurisdiction of the International Criminal Court. It first looks at how international crimes within the jurisdiction of the Court can be committed, instigated or facilitated in and through cyberspace and then discusses the problems that might arise when assessing gravity in this context. In particular

The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. There are a number of reasons for this. They centre upon the law failing to adequately recognise that mental health cases can give rise to concerns not present in physical health cases. The deficiencies of the law are found in the three applicable

Although the law on immunities under international law is a very rich field of study, not much analysis has been done on the immunities of Heads of State from acts other than prosecution, namely from witness summonses and subpoenas in international criminal law. This article poses the question whether international law allows for Heads of State and Senior State officials to be subpoenaed or summonsed

The world community expects international criminal trials to accomplish more than their domestic law counterparts. International criminal trials are meant to further both judicial and political trial goals despite the potential conflict between these trial purposes and the accused’s fair trial rights. First, this article discusses what makes a trial legal or political and where along this spectrum

African countries are either suppliers or transit points of the products involved in illicit wildlife dealings. This trade has had and continues to have serious negative impacts on society and the environment. Hence, tackling wildlife trafficking is an important, ongoing and uphill task for the continent. The Jeddah Amendment to the Djibouti Code of Conduct is the latest addition to the framework facilitating

Bail is one of the most powerful non-custodial tools which the authorities administer very cautiously, taking into account the interests of both parties to the case in particular and the safety of the society in general. The monitoring mechanisms attached to the bail-bonds play an essential role in this context. In Pakistan, the law offers very few mechanisms to monitor the person released on bail;

In common law jurisdictions theoretical models of the criminal process were developed to enable a greater understanding of the values and forces behind this process. This article discusses victim engagement in the process with a particular look at their contribution to punitiveness during the prosecution and court proceedings. It argues that although existing models remain useful, a complementary model

Robots and Artificial Intelligence are conquering our world. Just as any progress, this development is expected to have a relevant impact on law in general as well as on criminal law in particular. It involves the potential of transforming our conception of criminal responsibility, as notions of personhood, capacity and culpability will not stay unaffected. This article aims at giving an overview of

The Colombian Constitutional and Supreme Court’s interpretation of superior responsibility as cases of commission by omission and indirect perpetration excludes most military superiors’ omissions of their duties to prevent, repress and submit subordinates’ international crimes to the competent authorities. Nevertheless, the notion of complicity by omission, as a form of accessorial liability, and the

Human rights violations by corporations are a major challenge, even if serious companies try to prevent them with their internal compliance program. Traditionally CSR and compliance were synonyms for soft law and self-regulation. Compliance, however, is increasingly establishing itself as a fundamental requirement to prevent corporate liability. Obviously, there are additional requirements for responsibility

The individual liability of corporate officers for crimes that are often framed as transnational human rights abuses is much debated. While it seems that some standards of liability are developing in the field of international criminal law, standards of criminal liability in cases where the alleged crimes do not amount to international crimes remain to some extent unclear. This article will examine

This article discusses the U.S. Global Magnitsky Act, which was passed in 2016 and which provides a mechanism for the U.S. government to sanction foreign individuals and entities that are involved in human rights abuses and large scale corruption. It also discusses the opportunities that the Act provides for civil society organizations to influence the designation process and the additional due diligence

The first frameworks defining standards of human rights protection specifically for business enterprises were non-binding “soft law” like the UN Guiding Principles on Business and Human Rights. In recent times, a “hardening” of corporate human rights law has taken place. Several acts of “hard law” have been implemented at a national and EU level. This article provides an overview of the most important

This inquiry explores the question of transnational companies’ criminal liability for international crimes, reviewing the current state of research in the field of international economic criminal law, a discipline that hitherto has received only scant analysis. Following some preliminary conceptual remarks (I.), the forms of corporate participation in such crimes (II.) and the supranational and national

The advent of forensic sciences at international criminal tribunals provokes scientific challenges, while confronting the judges and trial attorneys at the same time with the limitations of forensic sciences in international trials. This article discerns some of these challenges and limitations, which are pertinent to defence counsel, with a focus on the practice and jurisprudence of the International

This paper explores and critically reflects on the legal foundations and the practice of criminal defense in Ethiopia within the overall due process framework of a fair criminal trial. A brief review of Ethiopian constitutional history shows that the right to representation by legal counsel has been one of the fundamental due process rights granted to accused persons in criminal proceedings. The constitutional

Prosecutors are among the most powerful actors in any criminal justice system. Their exercise of discretion, however, has not been subjected to the same level of public and empirical scrutiny as other parts of the criminal justice system. To deepen understanding, I empirically explore for the first time the form, function and limits of the New Zealand Crown Prosecutor’s role at the sentencing stage

This paper explores the discernible long-term trend towards the simplification of the conditions for extradition in the law of many states. The process of simplification appears to be justified by the necessity of taking more effective action against transnational crime. It appears to be taking place in three main areas: the recharacterisation of extradition from a criminal to an administrative process

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon)