Pub Date : 2022-12-27DOI: 10.1163/15718174-bja10037
J. Oerlemans, Dave A. G. van Toor
In the EncroChat operation, French law enforcement authorities collected over 120 million messages from 60.000 EncroChat users. They cooperated with Dutch law enforcement authorities and Europol in a Joint Investigation Team. In the Netherlands, EncroChat data has already been used in over 200 criminal cases. This article examines what lessons can be learned from the Dutch experience with the EncroChat operation from a human rights perspective, in particular the right to a fair trial.
{"title":"Legal Aspects of the EncroChat Operation: A Human Rights Perspective","authors":"J. Oerlemans, Dave A. G. van Toor","doi":"10.1163/15718174-bja10037","DOIUrl":"https://doi.org/10.1163/15718174-bja10037","url":null,"abstract":"\u0000 In the EncroChat operation, French law enforcement authorities collected over 120 million messages from 60.000 EncroChat users. They cooperated with Dutch law enforcement authorities and Europol in a Joint Investigation Team. In the Netherlands, EncroChat data has already been used in over 200 criminal cases.\u0000 This article examines what lessons can be learned from the Dutch experience with the EncroChat operation from a human rights perspective, in particular the right to a fair trial.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48158792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1163/15718174-30030002
Michele Caianiello
{"title":"The Role of the EU in the Investigation of Serious International Crimes Committed in Ukraine. Towards a New Model of Cooperation?","authors":"Michele Caianiello","doi":"10.1163/15718174-30030002","DOIUrl":"https://doi.org/10.1163/15718174-30030002","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49622408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1163/15718174-bja10035
Olga Jubany, Martina Klett-Davies, M. Roiha
Adopting an ethnographic approach, this paper analyses the interpretation, application and consequences of the most relevant tool for the protection of victims’ rights in the European Union – the so-called Victims’ Rights Directive (Directive 2012/29/EU). The analysis is grounded on multi-sited fieldwork that includes 106 in-depth interviews with professionals working with victim support in Bulgaria, Cyprus, Greece, Italy and Spain. The results unravel the perspectives and experiences of the professionals working on the ground and the uneven implementation of the Directive across the EU and in highly diverse contexts. The analysis shows the tensions and deficits in its implementation that are inseparable from the social construction of the ‘ideal victim’ that informs the prioritising of support. This paper will evidence how the ‘hierarchisation of victims’ is echoed in the unequal transposition and implementation of the Directive throughout the EU, from law enforcement agencies to prosecution, courts and victim support.
{"title":"Problematising the Victims’ Rights Directive From the Ground: The Implementation of Victim Support Services in Greece, Italy, Bulgaria, Cyprus, and Spain","authors":"Olga Jubany, Martina Klett-Davies, M. Roiha","doi":"10.1163/15718174-bja10035","DOIUrl":"https://doi.org/10.1163/15718174-bja10035","url":null,"abstract":"\u0000 Adopting an ethnographic approach, this paper analyses the interpretation, application and consequences of the most relevant tool for the protection of victims’ rights in the European Union – the so-called Victims’ Rights Directive (Directive 2012/29/EU). The analysis is grounded on multi-sited fieldwork that includes 106 in-depth interviews with professionals working with victim support in Bulgaria, Cyprus, Greece, Italy and Spain. The results unravel the perspectives and experiences of the professionals working on the ground and the uneven implementation of the Directive across the EU and in highly diverse contexts. The analysis shows the tensions and deficits in its implementation that are inseparable from the social construction of the ‘ideal victim’ that informs the prioritising of support. This paper will evidence how the ‘hierarchisation of victims’ is echoed in the unequal transposition and implementation of the Directive throughout the EU, from law enforcement agencies to prosecution, courts and victim support.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45258356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1163/15718174-02602008
Michele Caianiello, N. Peršak
{"title":"Jury Report on the Young Scholar Competition to Celebrate the 30th Anniversary of the European Journal for Crime, Criminal Law and Criminal Justice","authors":"Michele Caianiello, N. Peršak","doi":"10.1163/15718174-02602008","DOIUrl":"https://doi.org/10.1163/15718174-02602008","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02602008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41885877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1163/15718174-bja10036
Kristian Moesgaard Loewenstein, Vincent Harinam, B. Ariel
Danish studies of intimate partner violence (ipv) using police data are scarce, in part because access to records had been limited. The present study reduces critical gaps in the scholarly literature by examining ipv offending patterns in Denmark, using nearly 10,000 ipv incidents reported to the North Zealand Police, Denmark (2015–2019). We explore a common framework for analysing ipv, by observing (a) frequency, (b) severity, (c) intermittency, (d) escalation, and (e) concentrations of ipv. Harm is estimated using the Danish Crime Harm Index, which is based on the sentencing guidelines as an objective rod for estimating severity. Findings support the gender-based explanation for ipv, with males causing considerably more and higher harm than female offenders. Furthermore, the likelihood of re-offending only predicable not for 1/3 of the ipv offender population and rarely for high-harm incidents as they usually have no prior or no subsequent contact with the police. While there is a tendency towards escalation of harm between contacts to the police for all offenders, no such consistent pattern is discernible for ipv offenders who cause serious harm to their victims. Implications for policy and future research are discussed.
{"title":"Intimate Partner Violence in Denmark: a Study of Offending Patterns Based on Official Statistics","authors":"Kristian Moesgaard Loewenstein, Vincent Harinam, B. Ariel","doi":"10.1163/15718174-bja10036","DOIUrl":"https://doi.org/10.1163/15718174-bja10036","url":null,"abstract":"\u0000 Danish studies of intimate partner violence (ipv) using police data are scarce, in part because access to records had been limited. The present study reduces critical gaps in the scholarly literature by examining ipv offending patterns in Denmark, using nearly 10,000 ipv incidents reported to the North Zealand Police, Denmark (2015–2019). We explore a common framework for analysing ipv, by observing (a) frequency, (b) severity, (c) intermittency, (d) escalation, and (e) concentrations of ipv. Harm is estimated using the Danish Crime Harm Index, which is based on the sentencing guidelines as an objective rod for estimating severity. Findings support the gender-based explanation for ipv, with males causing considerably more and higher harm than female offenders. Furthermore, the likelihood of re-offending only predicable not for 1/3 of the ipv offender population and rarely for high-harm incidents as they usually have no prior or no subsequent contact with the police. While there is a tendency towards escalation of harm between contacts to the police for all offenders, no such consistent pattern is discernible for ipv offenders who cause serious harm to their victims. Implications for policy and future research are discussed.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48950733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1163/15718174-bja10034
Saša Đorđević, Bren Matevž, B. Dobovšek
The article assesses the Serbian Government’s progress in policy areas of the European Union Negotiating Framework for the accession under Chapter 24 – Justice, Freedom, and Security, like migration, asylum, police, customs and judicial cooperation, and the fight against organized crime, terrorism, and drugs. It builds on a research synthesis of monitoring results from 2013 to 2021 by prEUgovor – a coalition of seven civil society organizations with extensive expertise in examining accession negotiation policies. The research findings show that Government’s performance is advanced in policy areas where the European Union’s insistence and political calculation of national policy-makers exist to benefit domestic and international politics. Serbia performs migration and asylum reforms better than policing and fighting organized crime. Police reform is essential for Chapter 24 but is not targeted at the crucial European Union call asking police to be held accountable and immune from organized crime and political influence.
{"title":"The Rocky Road of Serbia to the European Union’s Area of Freedom, Security, and Justice","authors":"Saša Đorđević, Bren Matevž, B. Dobovšek","doi":"10.1163/15718174-bja10034","DOIUrl":"https://doi.org/10.1163/15718174-bja10034","url":null,"abstract":"\u0000 The article assesses the Serbian Government’s progress in policy areas of the European Union Negotiating Framework for the accession under Chapter 24 – Justice, Freedom, and Security, like migration, asylum, police, customs and judicial cooperation, and the fight against organized crime, terrorism, and drugs. It builds on a research synthesis of monitoring results from 2013 to 2021 by prEUgovor – a coalition of seven civil society organizations with extensive expertise in examining accession negotiation policies. The research findings show that Government’s performance is advanced in policy areas where the European Union’s insistence and political calculation of national policy-makers exist to benefit domestic and international politics. Serbia performs migration and asylum reforms better than policing and fighting organized crime. Police reform is essential for Chapter 24 but is not targeted at the crucial European Union call asking police to be held accountable and immune from organized crime and political influence.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41358637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-29DOI: 10.1163/15718174-bja10033
Chara Chioni-Chotouman
The application of Article 6(1) echr under certain conditions in the case of the victim constitutes a distinct scope of application of the right to a fair trial. Even though the article applies only to the accused in its criminal aspect, it may apply in its civil one in criminal proceedings in the case of the civil party or any other procedural status inextricably linked to securing a civil claim. In this article, the exact scope of application for the victim will be examined alongside the extensive case-law of the ECtHR, which redefines the rights deriving from Art.6(1), revealing a new aspect of the right to a fair trial.
{"title":"Fair Trial for Victims Invoking Civil Claims: Rereading Αrticle 6(1) echr","authors":"Chara Chioni-Chotouman","doi":"10.1163/15718174-bja10033","DOIUrl":"https://doi.org/10.1163/15718174-bja10033","url":null,"abstract":"\u0000The application of Article 6(1) echr under certain conditions in the case of the victim constitutes a distinct scope of application of the right to a fair trial. Even though the article applies only to the accused in its criminal aspect, it may apply in its civil one in criminal proceedings in the case of the civil party or any other procedural status inextricably linked to securing a civil claim. In this article, the exact scope of application for the victim will be examined alongside the extensive case-law of the ECtHR, which redefines the rights deriving from Art.6(1), revealing a new aspect of the right to a fair trial.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41701401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-29DOI: 10.1163/15718174-bja10032
S. Buisman
When criminal law became one of the components of the Union’s objectives, the EU obtained explicit substantive criminal law competences. Minimum rules on substantive criminal law facilitate the principle of mutual recognition, allow for the approximation of sanctions and common definitions of certain offences, and make it possible to respond to global challenges. Criminal law could also have serious consequences for the persons involved. The EU legislator should therefore exercise caution when exercising its competences to approximate the substantive criminal law of its Member States. Criminalisation principles offer the legislator an argumentative framework, which can be used to determine whether criminalisation is legitimate and justified. This article aims to introduce a set of uniform set of criminalisation principles at the EU level.
{"title":"The Future of EU Substantive Criminal Law","authors":"S. Buisman","doi":"10.1163/15718174-bja10032","DOIUrl":"https://doi.org/10.1163/15718174-bja10032","url":null,"abstract":"\u0000When criminal law became one of the components of the Union’s objectives, the EU obtained explicit substantive criminal law competences. Minimum rules on substantive criminal law facilitate the principle of mutual recognition, allow for the approximation of sanctions and common definitions of certain offences, and make it possible to respond to global challenges. Criminal law could also have serious consequences for the persons involved. The EU legislator should therefore exercise caution when exercising its competences to approximate the substantive criminal law of its Member States. Criminalisation principles offer the legislator an argumentative framework, which can be used to determine whether criminalisation is legitimate and justified. This article aims to introduce a set of uniform set of criminalisation principles at the EU level.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46091710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-29DOI: 10.1163/15718174-30020001
J. Ouwerkerk
{"title":"Biannual Prize for the Most Outstanding Contribution to the Journal 2020–2021","authors":"J. Ouwerkerk","doi":"10.1163/15718174-30020001","DOIUrl":"https://doi.org/10.1163/15718174-30020001","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41675449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-29DOI: 10.1163/15718174-bja10031
Vanessa Azevedo, A. Sani, Daniela Paulo, M. Dinis, L. Nunes
This study aims to quantify and characterize direct and indirect victimization and to analyse the associations between victimization and sociodemographic, criminal and environmental, social control and community variables in the urban area of the Historic Centre of Porto (hcp), Portugal. A total of 554 participants answered the “Diagnosis of Local Security Questionnaire” through face-to-face inquiry. The overall prevalence of victimization was 38.11%, with 17.7% being direct victims and 29.0% indirect victims. The most reported crimes were robbery, theft and offenses to physical integrity, which occurred mainly at night, on the street. The majority of victims sought police support, but satisfaction level with the authorities was low. Sociodemographic, criminal and environmental variables were associated with (in)direct victimization.
{"title":"Direct and Indirect Victims of Urban Crime in the Historic Centre of Porto (Portugal): Prevalence, Dynamics and Associated Variables","authors":"Vanessa Azevedo, A. Sani, Daniela Paulo, M. Dinis, L. Nunes","doi":"10.1163/15718174-bja10031","DOIUrl":"https://doi.org/10.1163/15718174-bja10031","url":null,"abstract":"\u0000This study aims to quantify and characterize direct and indirect victimization and to analyse the associations between victimization and sociodemographic, criminal and environmental, social control and community variables in the urban area of the Historic Centre of Porto (hcp), Portugal. A total of 554 participants answered the “Diagnosis of Local Security Questionnaire” through face-to-face inquiry. The overall prevalence of victimization was 38.11%, with 17.7% being direct victims and 29.0% indirect victims. The most reported crimes were robbery, theft and offenses to physical integrity, which occurred mainly at night, on the street. The majority of victims sought police support, but satisfaction level with the authorities was low. Sociodemographic, criminal and environmental variables were associated with (in)direct victimization.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49561472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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