111,933 research outputs found
Corporate Criminal Liability
No full textCorporate criminal liability has moved from a paradigm in which corporations, through the screen of legal personality, were not subjects of criminal law to a progressive convergence, also among multilevel sources, on the fundamental need to recognize a direct responsibility of corporations for crimes connected to their activities.
In this regard, three main theoretical approaches can be identified. The first is dogmatic-deductive and characterises the traditional resistances to Collective Responsibility and its Criminal Nature. The growing recognition of a corporate criminal liability first in common law systems and then also in civil law systems is not the mere affirmation of an efficiency-oriented approach, where the need to counter corporate crime prevails. Rather, a dialectical-critical approach, oriented towards balancing the various needs, points out that the same theory of the legal person can lead to the recognition of liability, provided that the criteria for founding it are joined by a careful critical examination of its limits.
Finally, the contribution considers the function of criminal sanctions in this area, the role of compliance programmes, and concludes with the main types of corporate sanctions adopted in the various legal system
The Role of EU Agencies in Fighting Transnational Environmental Crime. New Challenges for Europol and Eurojust
No full textThis study by Valsamis Mitsilegas and Fabio Giuffrida addresses the role of the EU criminal justice agencies -Europol and Eurojust- in tackling transnational environmental crime and it shows that their full potential is not yet adequately exploited in this field
Introduction
No full textThe paper provides introductory remarks to the edited volume, together with key-insights into the subject of "crimmigration" in the European Union
“The fate of the Data Retention Directive: about mass surveillance and fundamental rights in the EU legal order”
No full textThe chapter explores the fate of the Data Retention Directive, the Digital Rights Ireland case and its implications for mass surveillance and data protection. After the Introduction, setting the issue within the context of Snowden’s revelations, the chapter presents the Data Retention Directive and the domestic resistance it has met; it then moves to highlight the judgment, its reasoning and motivations. The chapter discusses the judgment’s implications both in the perspective of national data retention legislation and in the European perspective: by outlawing generalized mass surveillance the Digital Rights Ireland judgment sets benchmarks having consequences also for other European instruments, from the PNR to the Safe Harbour Scheme (recently invalidated by the Schrems judgment), indicating that the judgment is therefore displaying some extraterritorial consequences. The chapter concludes reflecting on the judgment in the perspective of Kadi, reading it as the Court of Justice’s contribution on European counter-terrorism policies and ‘state of exception’
Suspect and Defendant
No full textThis entry focuses on the notion of suspect and defendant. To begin with, the concept of ‘suspect’ will be illustrated, looking in particular at the elements that may trigger the emergence of such a condition, and that make it a much more contro- versial status than that of ‘defendant’ (II). Then, attention will be paid to fundamental rights (III), as well as on the duties attached to those conditions (IV). Finally, the contribution will conclude by looking at the status of persons investigated in punitive proceedings, that, although not being formally qualified as criminal ones, share with the latter the high level of risk involved for the accused and, as a consequence, increasingly poses the question about what level of procedural safeguards should find application (V)
author-bios-SRD-19-0063.R1 – Supplemental material for The Network Structure of Police Misconduct
No full textSupplemental material, author-bios-SRD-19-0063.R1 for The Network Structure of Police Misconduct by George Wood, Daria Roithmayr and Andrew V. Papachristos in Socius</p
Legal Narratives of the EU External Action in the Field of Migration and Asylum: From the EU-Turkey Statement to the Migration Partnership Framework and Beyond
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