Pub Date : 2020-09-29DOI: 10.1163/15718174-bja10008
Remigiusz Lewandowski
The paper presents the phenomenon of banknote counterfeiting in Poland and a selection of methods used against this type of crime. It shows that the number of counterfeit banknotes in Poland is much lower than in the eurozone countries. Moreover, a share of counterfeit Polish zloty banknotes significantly dropped in 2011 to the level of 7.6 ppm and between 2015–2018 to the level of 2.6–2.7 ppm. This decline can be associated with increased law enforcement (elimination of a large criminal group of counterfeiters in 2001) and the Polish zloty banknotes upgrade in 2014 and 2016, which introduced a set of new security features further discussed in this paper. This leads to the conclusion that regular currency modernization, introducing new security features as well as law enforcement activities are an effective anti-counterfeit method.
{"title":"Banknote Counterfeiting Phenomenon in Poland","authors":"Remigiusz Lewandowski","doi":"10.1163/15718174-bja10008","DOIUrl":"https://doi.org/10.1163/15718174-bja10008","url":null,"abstract":"\u0000The paper presents the phenomenon of banknote counterfeiting in Poland and a selection of methods used against this type of crime. It shows that the number of counterfeit banknotes in Poland is much lower than in the eurozone countries. Moreover, a share of counterfeit Polish zloty banknotes significantly dropped in 2011 to the level of 7.6 ppm and between 2015–2018 to the level of 2.6–2.7 ppm. This decline can be associated with increased law enforcement (elimination of a large criminal group of counterfeiters in 2001) and the Polish zloty banknotes upgrade in 2014 and 2016, which introduced a set of new security features further discussed in this paper. This leads to the conclusion that regular currency modernization, introducing new security features as well as law enforcement activities are an effective anti-counterfeit method.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47603833","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 : 2020-09-29DOI: 10.1163/15718174-02803001
N. Peršak
In late winter and early spring, the new coronavirus called sars-CoV-2, which causes covid-19 infection, has made and kept headlines across the world. Some called it the first virus superstar. An excitement akin to that experienced when watching a horror movie – a mixture of primal fear and impression that it is not real, just a film, playing somewhere else (in China) – turned with incredible speed, in a matter of days in fact, into a real shock, fear and disorientation, when first the number of infected and then the number of deaths started to exponentially grow in Italy, right on our doorstep (in the case of Slovenia, quite literally). What was particularly interesting from the outset was not so much its environmental and health aspects. We have had worse, experts kept reminding us in order to calm the population who started hoarding toilet paper, masks and hand sanitisers. Most of the people mocked these individuals and a number of funny memes on the topic of the new coronavirus ensued. One of them was a photo of a product promotion seen in one of the Delhaize supermarkets (Belgian supermarket chain), advertising beer, specifically Corona beer and the Belgian fruit-flavoured beer Mort Subite, by placing a sign before the
{"title":"covid-19 and the Social Responses thereto: Penal and Criminological Lessons, Human Rights and Rule of Law Implications","authors":"N. Peršak","doi":"10.1163/15718174-02803001","DOIUrl":"https://doi.org/10.1163/15718174-02803001","url":null,"abstract":"In late winter and early spring, the new coronavirus called sars-CoV-2, which causes covid-19 infection, has made and kept headlines across the world. Some called it the first virus superstar. An excitement akin to that experienced when watching a horror movie – a mixture of primal fear and impression that it is not real, just a film, playing somewhere else (in China) – turned with incredible speed, in a matter of days in fact, into a real shock, fear and disorientation, when first the number of infected and then the number of deaths started to exponentially grow in Italy, right on our doorstep (in the case of Slovenia, quite literally). What was particularly interesting from the outset was not so much its environmental and health aspects. We have had worse, experts kept reminding us in order to calm the population who started hoarding toilet paper, masks and hand sanitisers. Most of the people mocked these individuals and a number of funny memes on the topic of the new coronavirus ensued. One of them was a photo of a product promotion seen in one of the Delhaize supermarkets (Belgian supermarket chain), advertising beer, specifically Corona beer and the Belgian fruit-flavoured beer Mort Subite, by placing a sign before the","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02803001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45485861","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 : 2020-09-29DOI: 10.1163/15718174-BJA10003
Valentina Covolo
Combatting criminal misuse of cryptocurrencies was at the core of the FATF agenda under the US Presidency, culminating in June 2019 with the thorough extension of international standards against money laundering over virtual assets’ markets. This echoed the first legislative measure regulating virtual currencies adopted by the EU a year before. Directive 2018/843, better known as the 5th Anti-Money Laundering Directive, fails however to address key technological breakthroughs and new business models, which continuously make the evergrowing and fast-paced crypto economy evolve. Against this background, the present contribution investigates shortfalls and challenges that lay ahead in the light of the new FATF Recommendations. It ultimately argues that the preventive anti-money laundering measures cannot dispense with the establishment of a cross-border integrated supervisory and enforcement system.
{"title":"The EU Response to Criminal Misuse of Cryptocurrencies: The Young, already Outdated 5th Anti-Money Laundering Directive","authors":"Valentina Covolo","doi":"10.1163/15718174-BJA10003","DOIUrl":"https://doi.org/10.1163/15718174-BJA10003","url":null,"abstract":"Combatting criminal misuse of cryptocurrencies was at the core of the FATF agenda under the US Presidency, culminating in June 2019 with the thorough extension of international standards against money laundering over virtual assets’ markets. This echoed the first legislative measure regulating virtual currencies adopted by the EU a year before. Directive 2018/843, better known as the 5th Anti-Money Laundering Directive, fails however to address key technological breakthroughs and new business models, which continuously make the evergrowing and fast-paced crypto economy evolve. Against this background, the present contribution investigates shortfalls and challenges that lay ahead in the light of the new FATF Recommendations. It ultimately argues that the preventive anti-money laundering measures cannot dispense with the establishment of a cross-border integrated supervisory and enforcement system.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42601552","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 : 2020-09-29DOI: 10.1163/15718174-bja10014
Giuseppe Contissa, Giulia Lasagni
The paper presents the main areas of application of predictive systems based on algorithmic and AI technology, and analyses their impact on fundamental rights and fair trial principles. It focuses in particular on the definition of the right to an effective remedy against decisions taken (also) with the support of algorithmic and AI systems, and proposes some innovative solutions on how to ensure compliance with this right in technologically advanced criminal proceedings.
{"title":"When it is (also) Algorithms and AI that decide on Criminal Matters: In Search of an Effective Remedy","authors":"Giuseppe Contissa, Giulia Lasagni","doi":"10.1163/15718174-bja10014","DOIUrl":"https://doi.org/10.1163/15718174-bja10014","url":null,"abstract":"\u0000The paper presents the main areas of application of predictive systems based on algorithmic and AI technology, and analyses their impact on fundamental rights and fair trial principles. It focuses in particular on the definition of the right to an effective remedy against decisions taken (also) with the support of algorithmic and AI systems, and proposes some innovative solutions on how to ensure compliance with this right in technologically advanced criminal proceedings.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49520101","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 : 2020-07-09DOI: 10.1163/15718174-bja10001
Steffen Zdun
Despite the wealth of knowledge in criminological research on co-offending and peer involvement in delinquency, there is a research gap concerning the mechanisms and interactions in large peer networks. This paper addresses the latter, considering the meaning of fluctuating everyday group constellations in large networks as well as the inclusion of peers in and exclusion from offending. Fourtyfive qualitative interviews of youths who were between fifteen and twenty years old were analyzed. The findings not only suggest that delinquent and non-delinquent youths can easily coexist in large peer network but also that the everyday composition of singular groups of such networks and their interactions have a large impact on the engagement in or the avoidance of delinquency. Moreover, the data demonstrates the practice of including and excluding (non-)delinquent peers in/from offences. The insights contribute to the empirical discourse as well as the theory development on co-offending.
{"title":"Negotiating and Practicing Co-Offending and (Non-)Delinquency in Altering Group Constellations of Large Peer Networks","authors":"Steffen Zdun","doi":"10.1163/15718174-bja10001","DOIUrl":"https://doi.org/10.1163/15718174-bja10001","url":null,"abstract":"Despite the wealth of knowledge in criminological research on co-offending and peer involvement in delinquency, there is a research gap concerning the mechanisms and interactions in large peer networks. This paper addresses the latter, considering the meaning of fluctuating everyday group constellations in large networks as well as the inclusion of peers in and exclusion from offending. Fourtyfive qualitative interviews of youths who were between fifteen and twenty years old were analyzed. The findings not only suggest that delinquent and non-delinquent youths can easily coexist in large peer network but also that the everyday composition of singular groups of such networks and their interactions have a large impact on the engagement in or the avoidance of delinquency. Moreover, the data demonstrates the practice of including and excluding (non-)delinquent peers in/from offences. The insights contribute to the empirical discourse as well as the theory development on co-offending.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-bja10001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49602489","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 : 2020-07-09DOI: 10.1163/15718174-02802006
E. Martin
{"title":"New Literature in European Criminal Law","authors":"E. Martin","doi":"10.1163/15718174-02802006","DOIUrl":"https://doi.org/10.1163/15718174-02802006","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02802006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42064069","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 : 2020-07-09DOI: 10.1163/15718174-bja10002
Adriano Martufi, Christina Peristeridou
In this article, we take issue with the echr standards on pre-trial detention. These standards are considered panacea for the reported overuse of pre-trial detention in Europe. They focus on the legitimate purposes of detention as safeguards to ensure the principle of ultima ratio. Yet these purposes are heterogeneous as pre-trial detention protects the pending proceedings but also averts risks pertinent to criminal policy. In our analysis we discuss the shortcomings of the echr standards to fully protect from abusive detention. Moreover, we reveal internal inconsistencies with the presumption of innocence. One major example is the use of pre-trial detention to prevent re-offending, which blurs the boundaries between custody on remand and preventive detention. Additionally, we delve deeper into the obligation to use milder measures as part of the echr standards, which remains superficial and vague. Conclusively, we encourage the reflection and re-examination of the echr standards for pre-trial detention, instead of focusing merely on their better enforcement.
{"title":"The Purposes of Pre-Trial Detention and the Quest for Alternatives","authors":"Adriano Martufi, Christina Peristeridou","doi":"10.1163/15718174-bja10002","DOIUrl":"https://doi.org/10.1163/15718174-bja10002","url":null,"abstract":"In this article, we take issue with the echr standards on pre-trial detention. These standards are considered panacea for the reported overuse of pre-trial detention in Europe. They focus on the legitimate purposes of detention as safeguards to ensure the principle of ultima ratio. Yet these purposes are heterogeneous as pre-trial detention protects the pending proceedings but also averts risks pertinent to criminal policy. In our analysis we discuss the shortcomings of the echr standards to fully protect from abusive detention. Moreover, we reveal internal inconsistencies with the presumption of innocence. One major example is the use of pre-trial detention to prevent re-offending, which blurs the boundaries between custody on remand and preventive detention. Additionally, we delve deeper into the obligation to use milder measures as part of the echr standards, which remains superficial and vague. Conclusively, we encourage the reflection and re-examination of the echr standards for pre-trial detention, instead of focusing merely on their better enforcement.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-bja10002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43350911","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 : 2020-07-09DOI: 10.1163/15718174-02802001
A. Klip
{"title":"Eroding Mutual Trust in an European Criminal Justice Area without Added Value","authors":"A. Klip","doi":"10.1163/15718174-02802001","DOIUrl":"https://doi.org/10.1163/15718174-02802001","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02802001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43600911","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 : 2020-03-03DOI: 10.1163/15718174-02801002
M.J.J.P. Luchtman
European cooperation in criminal matters is an area full of paradoxes. This article identifies the dominant narratives that define the nature of European cooperation in criminal matters. It also aims to identify the consequences that these narratives entail for the protection of fundamental rights in that cooperation and, subsequently, for the EU’s legislative agenda for the coming years. It develops a model of deeper justice integration, based on the narrative of a common European area, fostering the proper administration of criminal justice, transnational agency for individuals and fundamental rights.
{"title":"Transnational Law Enforcement Cooperation – Fundamental Rights in European Cooperation in Criminal Matters","authors":"M.J.J.P. Luchtman","doi":"10.1163/15718174-02801002","DOIUrl":"https://doi.org/10.1163/15718174-02801002","url":null,"abstract":"\u0000European cooperation in criminal matters is an area full of paradoxes. This article identifies the dominant narratives that define the nature of European cooperation in criminal matters. It also aims to identify the consequences that these narratives entail for the protection of fundamental rights in that cooperation and, subsequently, for the EU’s legislative agenda for the coming years. It develops a model of deeper justice integration, based on the narrative of a common European area, fostering the proper administration of criminal justice, transnational agency for individuals and fundamental rights.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02801002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48670714","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 : 2020-03-03DOI: 10.1163/15718174-02801004
D. Smit, K. Morrison
More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet , in many respects, Scotland claims to adopt a welfarist rather than a penal approach to criminal justice. This paper uses a wide range of data to explain the factors underpinning this paradox. It focuses on key aspects of the imposition and implementation of life sentences, providing, for the first time, an analysis that goes behind headline figures. The paper concludes that, notwithstanding the commitment to welfare in penal policy, the high rate of life imprisonment is driven by both increased punitiveness and attempts to reduce the risk that serious crime poses to society. Finally, the paper outlines strategies for reducing the use of life imprisonment, which may be more effective because they pay close attention to the Scottish penal context, but which have relevance for other jurisdictions seeking to reverse penal excess.
{"title":"The Paradox of Scottish Life Imprisonment","authors":"D. Smit, K. Morrison","doi":"10.1163/15718174-02801004","DOIUrl":"https://doi.org/10.1163/15718174-02801004","url":null,"abstract":"More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet , in many respects, Scotland claims to adopt a welfarist rather than a penal approach to criminal justice. This paper uses a wide range of data to explain the factors underpinning this paradox. It focuses on key aspects of the imposition and implementation of life sentences, providing, for the first time, an analysis that goes behind headline figures. The paper concludes that, notwithstanding the commitment to welfare in penal policy, the high rate of life imprisonment is driven by both increased punitiveness and attempts to reduce the risk that serious crime poses to society. Finally, the paper outlines strategies for reducing the use of life imprisonment, which may be more effective because they pay close attention to the Scottish penal context, but which have relevance for other jurisdictions seeking to reverse penal excess.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02801004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46335921","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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