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Banking Supervision and Criminal Investigation
  • Language: en
  • Pages: 368

Banking Supervision and Criminal Investigation

  • Categories: Law

In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interacti...

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU
  • Language: en
  • Pages: 231

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

  • Categories: Law

Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book anal...

Criminal law between war and peace
  • Language: en
  • Pages: 820

Criminal law between war and peace

  • Categories: Law

If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

Punishment And Culture
  • Language: en
  • Pages: 289

Punishment And Culture

  • Categories: Law

This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. The work reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.

Justice and Law
  • Language: en
  • Pages: 205

Justice and Law

  • Categories: Law

Apart from considering classical theories of justice from Aristotle, Plato, Saint Thomas Aquinas, the Bible, and the Quran, the aim of Justice and Law is to focus on the contemporary vista, reviewing some of the modern ideas of justice advanced by legal philosophers of our time, such as John Rawls, Jürgen Habermas, Ronald Dworkin, Robert Nozick, Richard A. Posner, Wojciech Sadurski, Marxism, or Feminist Theories. In the second part of the work, María José Falcón y Tella deals with some of the principal themes relating to justice, such as punishment, civil disobedience, conscientious objection, just war, conflict of duties, and tolerance.

Holy Wars and Holy Alliance
  • Language: en
  • Pages: 308

Holy Wars and Holy Alliance

Religions are reemerging in the social, political, and economic spheres previously occupied and dominated by secular institutions and ideologies. In the wake of crises exposing the limits of secular modernity, religions have again become significant players in domestic and international politics. At the same time, the Catholic Church has sought a "holy alliance" among the world's faiths to recentralize devout influence, an important, albeit little-noticed, evolution in international relations. Holy Wars and Holy Alliance explores the nation-state's current crisis in order to better understand the religious resurgence's implications for geopolitics. Manlio Graziano looks at how the Catholic C...

Corporate Criminal Liability and Sanctions
  • Language: en
  • Pages: 156

Corporate Criminal Liability and Sanctions

  • Categories: Law

This edited collection sheds light on the evolution of corporate financial crime, exploring a myriad of offenses ranging from money laundering and fraud to market manipulation and bribery. Considering and assessing the models used in national law to determine the culpability of corporations, this book compares the different schemes used to address financial and other organisational crimes committed by these entities. Through a combination of history, law, and global perspectives, its chapters dissect landmark cases and provide detailed analyses of money laundering, fraud, market manipulation, manslaughter, and legislative responses in various locations around the world. This comparative appr...

Transitional Justice in Italy and the Crimes of Fascism and Nazism
  • Language: en
  • Pages: 281

Transitional Justice in Italy and the Crimes of Fascism and Nazism

This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to th...

The Crime of Conspiracy in International Criminal Law
  • Language: en
  • Pages: 224

The Crime of Conspiracy in International Criminal Law

  • Categories: Law
  • Type: Book
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  • Published: 2014-05-13
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  • Publisher: Springer

This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy wa...

Self-Determination, Dignity and End-of-Life Care
  • Language: en
  • Pages: 488

Self-Determination, Dignity and End-of-Life Care

  • Categories: Law

By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.