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Criminal Law Convention on Corruption Preamble The member States of the Council of Europe and the other States signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members ; Recognising the value of fostering co-operation with the other States signatories to this Convention ; Convinced of the need to pursue, as a matter of priority, a common [...] Article 33 - Accession to the Convention 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Convention, may invite the European Community as well as any State not a member of the Council and not having partic- ipated in its elaboration to accede to this Convention, by a decision taken by the majority [...] Moreover, the Committee of Ministers instructed the GMC rapidly to complete the elaboration of an international legal instrument pur- suant to the Programme of Action against Corruption and to submit without delay a draft text proposing the establishment of an appropriate and efficient mechanism for monitoring the observance of the guiding principles and the implementation of the international leg [...] In view of the wish expressed by the CDPC to be consulted again on the final version, the GMC agreed to transmit the second version of the draft convention to the CDPC. [...] Moreover, in view of the request made by the President of the Parliamentary Assembly on 11 February 1998 to the Chairman-in-Office of the Minister's Deputies, the GMC transmitted the second version of the text to the Committee of Ministers with a view to enabling it to accede to that request.
The fight against today's new forms of criminality, across Europe and beyond, can only be won with the necessary tools and, in particular, highly effective international co-operation in criminal matters. This publication contains the text of key Council of Europe conventions on co-operation mechanisms relating to extradition, mutual legal assistance, the transfer of sentenced persons and the transfer of criminal proceedings; as well as conventions addressing specific forms of crime which have a cross-border dimension, such as cybercrime, money laundering, terrorism, trafficking in human beings and corruption.
Trafficking in human beings has become a major international concern in the last two decades. Trafficking has been subjected to intense political debate and ambitious legal regulation on international, regional and national levels. Although much has been done to eradicate trafficking and to protect the victims, an increasing number of critical voices are emerging: the efforts to deal with human trafficking have proved to be more ineffective than anticipated. This book seeks explanations to why anti-trafficking strategies and activities appear to be so futile, and what should be done better for them to achieve their goals with more success. Besides the academic audience, this study is written for legal practitioners, who might come across human trafficking in their work.
Modern societies are to a great extent dependent on computers and information systems, but there is a negative side to the use of information and communication technology – the rise of a new kind of criminality not traditionally addressed by the law. Technological developments and the changing nature of cybercrime itself force legislators to deal with new objects and redefine concepts. Taking into account legislative and case law developments, this book provides a thorough analysis of the legal regulation of attacks against information systems in European, international, and comparative law contexts. It covers legal issues not only pertaining to attacks arising in criminal law but also such crucial problems as the conflict of cybercrime investigation and prosecution with fundamental rights to privacy and freedom of expression. The authors’ in-depth response to doctrinal and practical issues related to the application of cybercrime regulation include such elements, issues, and aspects as the following: • legal harmonization of cybercrime law; • jurisdictional issues in the investigation and prosecution of cybercrime; • prevention of cyber attacks; • personal data and privacy implications; • hacking of cell phones; • enforcement and forensics in cybercrime law; • states and legal persons as perpetrators of cybercrime; • European Programme for Critical Infrastructure Protection; • Cybercrime Convention of 2001; • Directive 2013/40/EU; • identity theft; • the Snowden revelations and their lessons; • principles, problems, and shortcomings of digital evidence; • legal status of the IP address; • the security and data breach notification as a compliance and transparency tool; • profile and motivation of perpetrators of cyber attacks; • cybercrime as a parallel economy; and • use of crypto-currency as a means for blackmail operations. Technical definitions, case law, and analysis of both substantive law and procedural law contribute to a comprehensive understanding of cybercrime regulation and its current evolution in practice. Addressing a topic of growing importance in unprecedented detail, this book will be welcomed by professionals and authorities dealing with cybercrime, including lawyers, judges, academics, security professionals, information technology experts, and law enforcement agencies.
"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.
The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.
This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
The transnational gathering and use of criminal evidence is a complex and sensitive matter that affects basic principles inherent in national criminal justice systems. Replacing the mutual assistance regime (letters rogatory) by a mutual recognition regime intends to facilitate the admissibility of evidence obtained from the territory of another Member State. How much harmonization of criminal procedure is needed to guarantee the free movement of criminal evidence in the EU? Do we have to develop common procedural safeguards in the EU, or can we build in human rights clauses or procedural public order clauses by which respect for fundamental rights can be a ground for the non-recognition, non-execution or postponement of the order from the issuing state? John Vervaele is Professor in Economic and Financial Criminal Law at the University of Utrecht and Professor in European Criminal Law at the College of Europe of Bruges. The main topics in his research field are: enforcement of Union law; standards of due law, procedural safeguards and human rights; criminal law and procedure an regional integration; comparative economic and financial criminal law. He has realized a lot of research in these areas, both for Dutch Departments and European Institutions and also worked as a consultant for them.