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This book centres on Webcam Child Sex Tourism and the Sweetie Project initiated by the children’s rights organization Terre des Hommes in 2013 in response to the exponential increase of online child abuse. Webcam child sex tourism is a growing international problem, which not only encourages the abuse and sexual exploitation of children and provides easy access to child-abuse images, but which is also a crime involving a relatively low risk for offenders as live-streamed webcam performances leave few traces that law enforcement can use. Moreover, webcam child sex tourism often has a cross-border character, which leads to jurisdictional conflicts and makes it even harder to obtain evidence, launch investigations or prosecute suspects. Terre des Hommes set out to actively tackle webcam child sex tourism by employing a virtual 10-year old Philippine girl named Sweetie, a so-called chatbot, to identify offenders in chatrooms. Sweetie 1.0 could be deployed only if police officers participated in chats, and thus was limited in dealing with the large number of offenders. With this in mind, a more pro-active and preventive approach was adopted to tackle the issue. Sweetie 2.0 was developed with an automated chat function to track, identify and deter individuals using the internet to sexually abuse children. Using chatbots allows the monitoring of larger parts of the internet to locate and identify (potential) offenders, and to send them messages to warn of the legal consequences should they proceed further. But using artificial intelligence raises serious legal questions. For instance, is sexually interacting with a virtual child actually a criminal offence? How do rules of criminal procedure apply to Sweetie as investigative software? Does using Sweetie 2.0 constitute entrapment? This book, the outcome of a comparative law research initiative by Leiden University’s Center for Law and Digital Technologies (eLaw) and the Tilburg Institute for Law, Technology, and Society (TILT), addresses the application of substantive criminal law and criminal procedure to Sweetie 2.0 within various jurisdictions around the world. This book is especially relevant for legislators and policy-makers, legal practitioners in criminal law, and all lawyers and academics interested in internet-related sexual offences and in Artificial Intelligence and law. Professor Simone van der Hof is General Director of Research at t he Center for Law and Digital Technologies (eLaw) of the Leiden Law School at Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a PhD researcher at the Faculty of Governance and Global Affairs at Leiden University, Bart Schermer is an associate professor at the Center for Law and Digital Technologies (eLaw) of the Leiden Law School, and Professor Bert-Jaap Koops is Professor of Regulation and Technology at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, The Netherlands./div
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Over the last twenty-five years the significance of criminal justice has dramatically changed. In a "post-modern" culture, criminal law serves more and more as a focal point in public morality. The "discovery" of the victim of crime can be seen as the marking point by which criminal justice got its central position in the maintenance of social order. It is the result of a general "victimalization" of today's morality. This ingenious book - according to Michael Tonry - combines insights from criminology, sociology and moral philosophy. It is especially inspired by the work of Richard Rorty, who stresses the sensibility for suffering as the major source of morality in post-modern times. It describes the arousal of attention for victims and the development of crime prevention. More specifically, it analyzes child sexual abuse and prostitution. This "illuminating" book will be an eye-opener for theorists in criminology and moral philosophy, but will also be an inspiring work for policy makers in the area of criminal justice.
This study is based on research which I conducted in the Netherlands in 1948 and 1949. In addition, I was able to rely on experiences and impressions of the 1944-1946 period, when I was stationed in the Low Countries as a United States Army Military Intelligence Officer. In my description of Dutch purge measures I have attempte~ to be as unbiased a judge as possible; whenever I was unable to arrive at a definite conclusion I con tented myself with describing the opposing points of view. I am quite aware that this attitude of "neutrality" may be criticized, not only by many ex-Resistance men who have become dis gusted with the alleged softness of the purge, but also by many others who appear equally dismayed about its severity. For purposes of comparison, readers who are familiar with action against collaborators in other countries - such as France, Italy, or the Balkans - may note that the Dutch purge was not dominated by considerations of party politics. All Dutchme- employers and workers, Protestants and Catholics, Conservatives and Socialists - had been united in their resistance against the enemy. Consequently, disagreements about purge measures did not follow class, religious, or party lines. The few Dutch Commu nists had never been able to dominate the Resistance; neither were they able to exploit the purge for their purposes. Thus, in Holland problems of collaboration and purge could be studied in their purest form, without consideration of other factors.
The role of private actors in policing has become a topic in both research and policy, as police forces face budgetary and expertise-related constraints. These challenges are evident in art crime policing, where a lack of prioritisation often means limited resources are allocated for a crime that requires significant expertise to tackle. Cooperating with private actors has been mooted as a solution to this deficit, but empirical research to support this suggestion is scarce. This book helps fill this gap by examining the interaction between specialist art crime police units and private actors in Belgium, the United Kingdom, and France. Its central questions are whether cooperation already exists in art crime policing, and why, or not. It was found that while limits to police capacity are an important driver for private outreach, several other factors also significantly affect cooperation. This book is relevant for policy, practice, and research, as it examines a hitherto less discussed topic which is nonetheless urgent as art crime shows little signs of abating.
Contains papers from a conference on De iure praedae, held in June 2005 at the Netherlands Institute for Advanced Study in the Humanities and Social Sciences.
Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppälä (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafé-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbála Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.
Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.