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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...
Through the critical analyses of various sexual offenses and statistical data, European Perspectives on Attrition in Sexual Offenses demonstrates how cases continue to attrite through their journey from commencement to the finalization within seven different European criminal justice systems.
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate int...
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
A major bestseller in Italy, Paul Ginsborg's account of this most recent and dynamic period in Italy's history is essential reading for anyone wishing to understand contemoprary Italy. Ginsborg chronicles a period that witnessed a radical transformation in the country's social, economic and political landscape, creating a fascinating and definitve account of how Italy has coped or failed to cope as it moves from one century to the next. With particular emphasis on its role in italian life, work and culture Ginsborg shows how smaller families, longer lives and greater generation crossover have had significant effects on Italian society. Ginsborg looks at the 2000 elections, the influence of the Mafia, the decline of both Communism and Catholicism, and the change in national identity. This is modern history at its best.
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} Renmin Chinese Law Review, Volume 7 is the fourth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis à vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.
In this long-awaited book (already a major bestseller in Italy) Ginsborg has created a fascinating, sophisticated and definitive account of how Italy has coped, or failed to cope, with the past two decades. Contemporary Italy strongly mirrors Britain - the countries have roughly the same extent, population size and GNP - and yet they are fantastically different. Ginsborg sees this difference as most fundamentally clear in the role of the family and it is the family which is at the heart of Italian politics and business. Anyone wishing to understand contemporary Italy will find it essential to have this enormously attractive and intelligent book.