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Coming Soon Toward a Prosecutor for the European Union, Volume 2: Draft Rules of Procedure

Toward a Prosecutor for the European Union, Volume 2: Draft Rules of Procedure

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781849463157
  • 出版时间 August 2028
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥681.50
发货时间:大约 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • 描述 
  • 大纲 
  • 详细

    In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's office. This two volume work presents the results of a study carried out by a group of European criminal law experts, with the financial support of the EU Commission in 2010-2011, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office.

    Volume 1 begins with thorough descriptions of 24 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues which will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition, and decentralised enforcement of European competition law. Volume 2 presents a draft set of model rules for the procedure of the European Public Prosecutors' Office and continues with a set of comparative studies of the national legal systems which cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file, and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

  • Part III Comparative analysis of the national systems
    1. Investigative measures and their procedural safeguards
    i. Experts assistance and summoning and hearing of witnesses Eleonora Zielinska
    ii. Access to relevant premises, summoning and hearing of the suspect and identification of the suspect Johannes Martenschlager
    iii. Search and seizure, freezing of assets and production orders Martin Bose
    iv. Arrest of the suspect and detention for questioning, pre-trial custodial detention Zlata Durdevic
    v. Interception of postal communications and interception of content data, surveillance in public and private sphere Silvia Allegrezza / Andras Csuri
    vi. Monitoring of telecommunication traffic data and of bank transactions Juliette Tricot / Adan Nieto
    vii. Tracking and tracing of objects and persons, on-line search of computers Marianne Wade / Stefan Braum
    viii. Infiltration, controlled deliveries, data mining and profiling Anne Weyembergh / Rosaria Sicurella
    2. Prosecution measures and their procedural safeguards
    i. Indictment and review by the national court - launching prosecution Silvia Allegrezza / Andras Csuri / Zlata Durdevic
    ii. Forum choice and referral Martin Bose / Juliette Tricot
    iii. Alternatives to launching prosecution Eleonora Zielinska / Marianne Wade
    iv. Private prosecution Adan Nieto

    Part IV Final report of the project European criminal procedures and rules of procedures for the European Public Prosecutor's Office Katalin Ligeti

    Part V EU model rules for the procedure of the European Public Prosecutors' Office with explanatory notes

    Part VI Regles modeles europeennes de procedure pour le Parquet europeen avec les notes explicatives

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