Pub Date : 2021-09-13DOI: 10.1163/15718174-bja10021
F. Teichmann, Marie-Christin Falker
With the rise of the Islamic State and the corresponding war in Syria, which has caused an international refugee crisis, the combat of terrorism has, again, become a major goal for European authorities. One popular approach to the combat of terrorism is to interrupt the funding of terrorist organisations. Whereas other studies have focused mainly on the implementation of prevention measures, this study investigates terrorist financing methods from the offender’s perspective with a focus on so-called money transfer systems to reveal weaknesses in the regulation of terrorist financing in general and money transfer systems in particular. For this purpose, qualitative interviews with 15 presumed providers of illegal financial services and 15 European compliance experts were conducted. This paper has implications for law enforcement, regulatory authorities, investigators and financial service providers. Innovative measures such as the use of electronic surveillance and expanding the jurisdiction of undercover agents are suggested.
{"title":"Terrorist Financing via Money Transfer Systems","authors":"F. Teichmann, Marie-Christin Falker","doi":"10.1163/15718174-bja10021","DOIUrl":"https://doi.org/10.1163/15718174-bja10021","url":null,"abstract":"\u0000With the rise of the Islamic State and the corresponding war in Syria, which has caused an international refugee crisis, the combat of terrorism has, again, become a major goal for European authorities. One popular approach to the combat of terrorism is to interrupt the funding of terrorist organisations. Whereas other studies have focused mainly on the implementation of prevention measures, this study investigates terrorist financing methods from the offender’s perspective with a focus on so-called money transfer systems to reveal weaknesses in the regulation of terrorist financing in general and money transfer systems in particular. For this purpose, qualitative interviews with 15 presumed providers of illegal financial services and 15 European compliance experts were conducted. This paper has implications for law enforcement, regulatory authorities, investigators and financial service providers. Innovative measures such as the use of electronic surveillance and expanding the jurisdiction of undercover agents are suggested.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42807989","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 : 2021-09-13DOI: 10.1163/15718174-bja10023
M. Fingas
Appeal proceedings in criminal cases are regulated in various ways by European legislators. The ECtHR case law does not impose any particular model of appeal proceedings; however, Article 6 is applicable to appeal proceedings and the manner of its application is contingent on the specific features of the proceedings in question. One of the key problems in this respect is the way the issue of the reformatory powers of appellate courts is regulated. This article seeks to reconstruct the rules worked out in the Strasbourg Court’s case law pertaining to this matter, as well as to formulate proposals as regards applying the principle of immediacy in appeal proceedings and the issue of the appellate court’s differing assessment of facts established by the court of first instance. The possible developments of case law in this area are also discussed.
{"title":"The Appellate Court’s Reformatory Powers in ECtHR Case Law – between the Efficiency of the Procedure and the Guarantees of the Fair Trial in Criminal Proceedings","authors":"M. Fingas","doi":"10.1163/15718174-bja10023","DOIUrl":"https://doi.org/10.1163/15718174-bja10023","url":null,"abstract":"\u0000Appeal proceedings in criminal cases are regulated in various ways by European legislators. The ECtHR case law does not impose any particular model of appeal proceedings; however, Article 6 is applicable to appeal proceedings and the manner of its application is contingent on the specific features of the proceedings in question. One of the key problems in this respect is the way the issue of the reformatory powers of appellate courts is regulated. This article seeks to reconstruct the rules worked out in the Strasbourg Court’s case law pertaining to this matter, as well as to formulate proposals as regards applying the principle of immediacy in appeal proceedings and the issue of the appellate court’s differing assessment of facts established by the court of first instance. The possible developments of case law in this area are also discussed.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47357079","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 : 2021-09-13DOI: 10.1163/15718174-29020002
J. Ouwerkerk
In the application of the European arrest warrant (eaw) mechanism, the principles of mutual trust and mutual recognition have come under the pressure of serious fundamental rights concerns in some EU Member States in particular. The latest chapter in a yet unfinished tale has been written on 17 December 2020, when the EU Court of Justice handed down its preliminary ruling in two cases in which Poland had requested the Dutch authorities to surrender two Polish nationals (joined cases L/P).1 In its preliminary ruling, the Court has, amongst other things, upheld the requirement for executing authorities to still carry out the second, individualised, step of the two-step test that has been developed in Aranyosi/Căldăraru and got confirmed in lm.2 It therefore remains required for executing authorities to assess whether there is a real risk that the sought person him/herself will be subject of a breach of the fundamental right in respect of which it was established (under the first element of
{"title":"Are Alternatives to the European Arrest Warrant Underused? The Case for an Integrative Approach to Judicial Cooperation Mechanisms in the EU Criminal Justice Area","authors":"J. Ouwerkerk","doi":"10.1163/15718174-29020002","DOIUrl":"https://doi.org/10.1163/15718174-29020002","url":null,"abstract":"In the application of the European arrest warrant (eaw) mechanism, the principles of mutual trust and mutual recognition have come under the pressure of serious fundamental rights concerns in some EU Member States in particular. The latest chapter in a yet unfinished tale has been written on 17 December 2020, when the EU Court of Justice handed down its preliminary ruling in two cases in which Poland had requested the Dutch authorities to surrender two Polish nationals (joined cases L/P).1 In its preliminary ruling, the Court has, amongst other things, upheld the requirement for executing authorities to still carry out the second, individualised, step of the two-step test that has been developed in Aranyosi/Căldăraru and got confirmed in lm.2 It therefore remains required for executing authorities to assess whether there is a real risk that the sought person him/herself will be subject of a breach of the fundamental right in respect of which it was established (under the first element of","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44950513","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 : 2021-07-30DOI: 10.31124/advance.15042804.v1
Samantha Perussich
This article discusses the role of gender in the commission of crime, criminality, and harm prevention, by critically examining the notion of crime within theories about women’s and men’s criminality, and the gendered nature of crime control policies throughout the United Kingdom (UK), England, Wales, and Scotland. Throughout the literature, there has been a continued focus on women needing to be ‘repaired’ when they commit crime, because women are seen as having gone outside the traditional role of what it means to be female. On the other hand, the link between hegemonic masculinity and criminal behaviour among men is often ignored within criminal justice policies. It will be argued that both women and men are failed by a system that does not engage with gendered power and harms within society. A combination of targeted approaches that focus on the factors that lead to offending is required to reduce crime.
{"title":"Gendered Justice: The Impact of Gender on Criminal Justice Policies and Legislation throughout the United Kingdom","authors":"Samantha Perussich","doi":"10.31124/advance.15042804.v1","DOIUrl":"https://doi.org/10.31124/advance.15042804.v1","url":null,"abstract":"This article discusses the role of gender in the commission\u0000of crime, criminality, and harm prevention, by critically examining the notion\u0000of crime within theories about women’s and men’s criminality, and the gendered\u0000nature of crime control policies throughout the United Kingdom (UK), England,\u0000Wales, and Scotland. Throughout the literature, there has been a continued\u0000focus on women needing to be ‘repaired’ when they commit crime, because women\u0000are seen as having gone outside the traditional role of what it means to be\u0000female. On the other hand, the link between hegemonic masculinity and criminal\u0000behaviour among men is often ignored within criminal justice policies. It will\u0000be argued that both women and men are failed by a system that does not engage\u0000with gendered power and harms within society. A combination of targeted\u0000approaches that focus on the factors that lead to offending is required to\u0000reduce crime.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72650864","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 : 2021-06-25DOI: 10.15845/bjclcj.v9i1.3358
Stefanie Kemme, K. Pfeffer, Luise von Rodbertus
There is relentless discussion in Germany about the right manner to deal with cannabis and its users. In 1994 and 2004, the Federal Constitutional Court reaffirmed the legal appropriateness of prohibition. However, since then, studies and data about the dangers and effects of cannabis use have quieted alarm, and Europe, alongside the once-prohibitive United States, has had its initial experiences with liberalised use of cannabis. Since the founding of the Schildower Kreis, a network of experts from science and practice, 122 German criminal law professors have petitioned the Bundestag for an Enquête Commission. The aim of this paper is, on the one hand, to provide insight into German narcotics law. On the other hand, the political arguments for sticking to prohibition are contrasted with the numerous empirical findings that are now available. The results of the empirical studies now challenge the Federal Constitutional Court and the legislature to review their previous course and possibly break new ground in drug policy. The basis of the Federal Constitutional Court’s decisions no longer exists. The Narcotics Act and constitutional discourse on cannabis prohibition need to be reviewed, as do political arguments about resources and high costs. Indications of a paradigm shift in drug policy, as required by the Global Commission on Drug Policy, are hesitantly appearing in Germany.
{"title":"Cannabis policy reform in Germany: Political and constitutional discourses on decriminalisation and regulation strategies","authors":"Stefanie Kemme, K. Pfeffer, Luise von Rodbertus","doi":"10.15845/bjclcj.v9i1.3358","DOIUrl":"https://doi.org/10.15845/bjclcj.v9i1.3358","url":null,"abstract":" \u0000There is relentless discussion in Germany about the right manner to deal with cannabis and its users. In 1994 and 2004, the Federal Constitutional Court reaffirmed the legal appropriateness of prohibition. However, since then, studies and data about the dangers and effects of cannabis use have quieted alarm, and Europe, alongside the once-prohibitive United States, has had its initial experiences with liberalised use of cannabis. Since the founding of the Schildower Kreis, a network of experts from science and practice, 122 German criminal law professors have petitioned the Bundestag for an Enquête Commission. The aim of this paper is, on the one hand, to provide insight into German narcotics law. On the other hand, the political arguments for sticking to prohibition are contrasted with the numerous empirical findings that are now available. The results of the empirical studies now challenge the Federal Constitutional Court and the legislature to review their previous course and possibly break new ground in drug policy. The basis of the Federal Constitutional Court’s decisions no longer exists. The Narcotics Act and constitutional discourse on cannabis prohibition need to be reviewed, as do political arguments about resources and high costs. Indications of a paradigm shift in drug policy, as required by the Global Commission on Drug Policy, are hesitantly appearing in Germany.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72515639","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 : 2021-06-25DOI: 10.15845/bjclcj.v9i1.3359
Jørn Jacobsen, Victoria Westrum
As the article about Germany in this number of Bergen Journal of Criminal Law and Criminal Justice illustrates, many countries are in process of changing their approaches to drug legislation, in particular with a view to decriminalise minor involvement in drugs, i.e. possession of minor quanta of drugs or use of it. So is the case for Norway, where a drug reform has been proposed by the Government. However, the political fate of this reform is currently troublesome. As the development is of interest also beyond Norway, we will in this comment provide our readers with an update on the situation with the drug reform. Section 2 of this report will briefly outline the current state of law. Afterwards, in section 3, the Norwegian reform proposal will be explained. This section will contain the justification for the drug reform and the proposal itself. Finally, in section 4 we will describe the political disagreement that has emerged, leaving the reform in turmoil.
{"title":"Status report: A Norwegian decriminalisation of use and possession of drugs?","authors":"Jørn Jacobsen, Victoria Westrum","doi":"10.15845/bjclcj.v9i1.3359","DOIUrl":"https://doi.org/10.15845/bjclcj.v9i1.3359","url":null,"abstract":"As the article about Germany in this number of Bergen Journal of Criminal Law and Criminal Justice illustrates, many countries are in process of changing their approaches to drug legislation, in particular with a view to decriminalise minor involvement in drugs, i.e. possession of minor quanta of drugs or use of it. So is the case for Norway, where a drug reform has been proposed by the Government. However, the political fate of this reform is currently troublesome. As the development is of interest also beyond Norway, we will in this comment provide our readers with an update on the situation with the drug reform. Section 2 of this report will briefly outline the current state of law. Afterwards, in section 3, the Norwegian reform proposal will be explained. This section will contain the justification for the drug reform and the proposal itself. Finally, in section 4 we will describe the political disagreement that has emerged, leaving the reform in turmoil.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83691993","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 : 2021-04-13DOI: 10.1163/15718174-29010001
Michele Caianiello
One of the crucial challenges of social and economic development in current times concerns how States will be able take advantage and make an appropriate use of ai and ml systems.1 The EU, inevitably well aware of this, has embarked on a digital agenda that intends to explore all possible employments of ai while respecting the rights of citizens, as the recent establishment by the European Parliament of the special committee on Artificial intelligence in a Digital Age (aida) confirms.2 The ability of ai systems to interact with the most diverse areas of human life has also had an impact on the thinking of legal experts, making
{"title":"Dangerous Liaisons. Potentialities and Risks Deriving from the Interaction between Artificial Intelligence and Preventive Justice","authors":"Michele Caianiello","doi":"10.1163/15718174-29010001","DOIUrl":"https://doi.org/10.1163/15718174-29010001","url":null,"abstract":"One of the crucial challenges of social and economic development in current times concerns how States will be able take advantage and make an appropriate use of ai and ml systems.1 The EU, inevitably well aware of this, has embarked on a digital agenda that intends to explore all possible employments of ai while respecting the rights of citizens, as the recent establishment by the European Parliament of the special committee on Artificial intelligence in a Digital Age (aida) confirms.2 The ability of ai systems to interact with the most diverse areas of human life has also had an impact on the thinking of legal experts, making","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46087700","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 : 2021-04-13DOI: 10.1163/15718174-BJA10020
Giorgia Spolverato
Reintegration of prisoners into community life is more than one of the desired outcomes of detention; it is a right. A long-standing tradition of international standards has been developed over time to regulate individualised reintegration plans, based on learning and working activities, relations with the outside world and assistance post-release. The European Prison Rules – adopted by the Committee of Ministers of the Council of Europe – are an outstanding result of this normative production. The purpose of this study is to evaluate and compare the implementation of international standards on prison education in Belgium and Ireland. The analysis of law, practices and domestic data points out the features of the prison education services in the two countries. Eventually, interviewing experts in the field allowed illustrating the initiatives that Belgium and Ireland are undertaking to respond to some current obstacles that the delivery of educational activities is facing. This research shows that despite the efforts of the two countries to comply with international standards on prison education, inadequate detention conditions – characterised by scarcity of resources and lack of specialised staff – hamper the reintegration of prisoners.
{"title":"The Implementation of the European Prison Rules Regarding Education in Belgium and Ireland","authors":"Giorgia Spolverato","doi":"10.1163/15718174-BJA10020","DOIUrl":"https://doi.org/10.1163/15718174-BJA10020","url":null,"abstract":"\u0000Reintegration of prisoners into community life is more than one of the desired outcomes of detention; it is a right. A long-standing tradition of international standards has been developed over time to regulate individualised reintegration plans, based on learning and working activities, relations with the outside world and assistance post-release. The European Prison Rules – adopted by the Committee of Ministers of the Council of Europe – are an outstanding result of this normative production. The purpose of this study is to evaluate and compare the implementation of international standards on prison education in Belgium and Ireland. The analysis of law, practices and domestic data points out the features of the prison education services in the two countries. Eventually, interviewing experts in the field allowed illustrating the initiatives that Belgium and Ireland are undertaking to respond to some current obstacles that the delivery of educational activities is facing. This research shows that despite the efforts of the two countries to comply with international standards on prison education, inadequate detention conditions – characterised by scarcity of resources and lack of specialised staff – hamper the reintegration of prisoners.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42825346","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 : 2021-04-13DOI: 10.1163/15718174-BJA10015
B. Custers, L. Stevens
Digital traces that people leave behind in our digitalized society can be useful evidence in criminal courts. The central question of this article (how is the use of data as evidence in Dutch criminal courts regulated and, considering how these courts deal with such data as evidence in practice, what is needed?) is answered by analyzing the relevant legal frameworks for processing data in Dutch criminal courts: criminal law and data protection law. Next, current court practices are examined, by looking at typical case law and current developments in society and technology. Comparing the legal framework and actual practices, we conclude that the existing legal framework in the Netherlands does not obstruct the collection of data for evidence, but that regulation on collection (in criminal law) and regulation on processing and analysis (in data protection law) are not integrated. Remarkable is the almost complete absence of regulation of automated data analysis – in contrast with the many rules for data collection.
{"title":"The Use of Data as Evidence in Dutch Criminal Courts","authors":"B. Custers, L. Stevens","doi":"10.1163/15718174-BJA10015","DOIUrl":"https://doi.org/10.1163/15718174-BJA10015","url":null,"abstract":"\u0000Digital traces that people leave behind in our digitalized society can be useful evidence in criminal courts. The central question of this article (how is the use of data as evidence in Dutch criminal courts regulated and, considering how these courts deal with such data as evidence in practice, what is needed?) is answered by analyzing the relevant legal frameworks for processing data in Dutch criminal courts: criminal law and data protection law. Next, current court practices are examined, by looking at typical case law and current developments in society and technology. Comparing the legal framework and actual practices, we conclude that the existing legal framework in the Netherlands does not obstruct the collection of data for evidence, but that regulation on collection (in criminal law) and regulation on processing and analysis (in data protection law) are not integrated. Remarkable is the almost complete absence of regulation of automated data analysis – in contrast with the many rules for data collection.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47123535","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}
{"title":"Observance of Due Process Rights in Capital Offence Trials: Assessing Nigeria through the Lens of International Instruments.","authors":"Emmanuel Olugbenga Akingbehin","doi":"10.15640/jlcj.v9n1a4","DOIUrl":"https://doi.org/10.15640/jlcj.v9n1a4","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74564259","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：