Liability of legal persons for offences in the EU (IRCP-series, vol. 44)
€ 45,00
Discussions on the possibility to attribute liability to legal persons for committing offences 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 offences, diversity remains as to the offences 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, and 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 IRCP. The results thereof 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’-offences), 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.
This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.
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’-offences), 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.
This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.
Liability of legal persons for offences in the EU (IRCP-series, vol. 44)
€ 45,00
Discussions on the possibility to attribute liability to legal persons for committing offences 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 offences, diversity remains as to the offences 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, and 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 IRCP. The results thereof 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’-offences), 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.
This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.
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’-offences), 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.
This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.
Material detention conditions, execution of custodial sentences and prisoner transfer in the EU Member States (IRCP-series, vol. 41)
€ 150,00
The introduction in 2008 of the Framework Decision on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union 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 often substantial variety of Member States’ legal and prison systems. In this context, and following a call for tender by the European Commission, the authors conducted the biggest 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 cross border execution of custodial sentences in the EU.
This book contains the individual Member State reports resulting from the legal and practitioners’ analyses, backed by additional information drawn from monitoring and evaluation conducted at Council of Europe (Committee for the Prevention of Torture) and United Nation levels.
This is essential reading for EU policy makers, judicial and law enforcement authorities and for defence lawyers throughout the Union. Undoubtedly, this book 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.
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 often substantial variety of Member States’ legal and prison systems. In this context, and following a call for tender by the European Commission, the authors conducted the biggest 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 cross border execution of custodial sentences in the EU.
This book contains the individual Member State reports resulting from the legal and practitioners’ analyses, backed by additional information drawn from monitoring and evaluation conducted at Council of Europe (Committee for the Prevention of Torture) and United Nation levels.
This is essential reading for EU policy makers, judicial and law enforcement authorities and for defence lawyers throughout the Union. Undoubtedly, this book 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.
Material detention conditions, execution of custodial sentences and prisoner transfer in the EU Member States (IRCP-series, vol. 41)
€ 150,00
The introduction in 2008 of the Framework Decision on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union 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 often substantial variety of Member States’ legal and prison systems. In this context, and following a call for tender by the European Commission, the authors conducted the biggest 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 cross border execution of custodial sentences in the EU.
This book contains the individual Member State reports resulting from the legal and practitioners’ analyses, backed by additional information drawn from monitoring and evaluation conducted at Council of Europe (Committee for the Prevention of Torture) and United Nation levels.
This is essential reading for EU policy makers, judicial and law enforcement authorities and for defence lawyers throughout the Union. Undoubtedly, this book 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.
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 often substantial variety of Member States’ legal and prison systems. In this context, and following a call for tender by the European Commission, the authors conducted the biggest 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 cross border execution of custodial sentences in the EU.
This book contains the individual Member State reports resulting from the legal and practitioners’ analyses, backed by additional information drawn from monitoring and evaluation conducted at Council of Europe (Committee for the Prevention of Torture) and United Nation levels.
This is essential reading for EU policy makers, judicial and law enforcement authorities and for defence lawyers throughout the Union. Undoubtedly, this book 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.
EU cross-border gathering and use of evidence in criminal matters (IRCP-reeks, nr. 37)
€ 56,00
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 comprises the results of.
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 analyse 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 as 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, 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.
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 comprises the results of.
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 analyse 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 as 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, 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.
EU cross-border gathering and use of evidence in criminal matters (IRCP-reeks, nr. 37)
€ 56,00
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 comprises the results of.
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 analyse 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 as 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, 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.
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 comprises the results of.
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 analyse 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 as 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, 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.
EU and International Crime Control. Topical Issues ((GofS) – Governance of Security Research Paper Series, Vol. 4)
€ 66,00
In nowadays’ globalised 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 wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 4 focuses on topical issues in EU and International Crime Control. The first five articles deal with intrinsic EU criminal policy aspects, including in its transatlantic cooperation with the US. The remaining three articles deal with anti money laundering control, counter-strategies of criminal organisations and police torture.
The Research Group Governance of Security wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 4 focuses on topical issues in EU and International Crime Control. The first five articles deal with intrinsic EU criminal policy aspects, including in its transatlantic cooperation with the US. The remaining three articles deal with anti money laundering control, counter-strategies of criminal organisations and police torture.
EU and International Crime Control. Topical Issues ((GofS) – Governance of Security Research Paper Series, Vol. 4)
€ 66,00
In nowadays’ globalised 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 wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 4 focuses on topical issues in EU and International Crime Control. The first five articles deal with intrinsic EU criminal policy aspects, including in its transatlantic cooperation with the US. The remaining three articles deal with anti money laundering control, counter-strategies of criminal organisations and police torture.
The Research Group Governance of Security wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 4 focuses on topical issues in EU and International Crime Control. The first five articles deal with intrinsic EU criminal policy aspects, including in its transatlantic cooperation with the US. The remaining three articles deal with anti money laundering control, counter-strategies of criminal organisations and police torture.
Safety, Societal Problems and Citizens’ Perceptions. New Empirical Data, Theories and Analyses ((GofS) – Governance of Security Research Paper Series, Vol. 3)
€ 66,00
In nowadays’ globalised 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 wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 3 provides new empirical data, theories and analyses on Safety, Societal Problems and Citizens’ Perceptions. Some articles in Volume 3 focus especially on issues of conceptualisation and measurement of key constructs in the study of security in its broadest meaning (from fear of crime to corruption) some articles present tests of theoretical models derived from theoretical criminology, and finally some articles focus on different institutional reactions towards crime and drug-related problems (e.g. policing, the conflict of interests between private companies and authorities and restorative justice).
The Research Group Governance of Security wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 3 provides new empirical data, theories and analyses on Safety, Societal Problems and Citizens’ Perceptions. Some articles in Volume 3 focus especially on issues of conceptualisation and measurement of key constructs in the study of security in its broadest meaning (from fear of crime to corruption) some articles present tests of theoretical models derived from theoretical criminology, and finally some articles focus on different institutional reactions towards crime and drug-related problems (e.g. policing, the conflict of interests between private companies and authorities and restorative justice).
Safety, Societal Problems and Citizens’ Perceptions. New Empirical Data, Theories and Analyses ((GofS) – Governance of Security Research Paper Series, Vol. 3)
€ 66,00
In nowadays’ globalised 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 wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 3 provides new empirical data, theories and analyses on Safety, Societal Problems and Citizens’ Perceptions. Some articles in Volume 3 focus especially on issues of conceptualisation and measurement of key constructs in the study of security in its broadest meaning (from fear of crime to corruption) some articles present tests of theoretical models derived from theoretical criminology, and finally some articles focus on different institutional reactions towards crime and drug-related problems (e.g. policing, the conflict of interests between private companies and authorities and restorative justice).
The Research Group Governance of Security wants to foster contemporary international discourses on issues of crime and crime control. Therefore, GofS started a Research Paper Series, combining theoretical and empirical articles on issues reflecting the research activities of GofS. This research group is collaboration between Ghent University and Ghent University College in Belgium. GofS is concentrating its research around the study of administrative and judicial policy that has been developed with respect to new issues of crime and insecurity.
Volume 3 provides new empirical data, theories and analyses on Safety, Societal Problems and Citizens’ Perceptions. Some articles in Volume 3 focus especially on issues of conceptualisation and measurement of key constructs in the study of security in its broadest meaning (from fear of crime to corruption) some articles present tests of theoretical models derived from theoretical criminology, and finally some articles focus on different institutional reactions towards crime and drug-related problems (e.g. policing, the conflict of interests between private companies and authorities and restorative justice).