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Guido Britz, Heinz Koriath, Karl-Ludwig Kunz, Carsten Momsen, Egon Müller, Heinz Müller-Dietz, Henning Radtke - Festschrift für Heike Jung

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Guido Britz (ed.), Heinz Koriath (ed.), Karl-Ludwig Kunz (ed.), Carsten Momsen (ed.), Egon Müller (ed.), Heinz Müller-Dietz (ed.), Henning Radtke (ed.)

Festschrift für Heike Jung

2007

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Antony Duff Crimes, Regulatory Offences and Criminal Trials S. 87-98

„… 87 Crimes, Regulatory Offences and Criminal Trials Antony Duff Antony Duff Crimes, Regulatory …” „… Offences and Criminal Trials The awesome range of Heike Jung’s work – over different aspects of criminal …” „… the criminal law, through the distinction between crimes (Straftaten) and ›regulatory offences …”

Joanna Shapland, Anthony Bottoms Between Conformity and Criminality: Theoretical Reflections on Desistance S. 905-920

„… involved in criminal offences, then it might be possible to intervene and prevent them becoming criminal …” „… ›offence-based curve‹). Typically, both types of curve indicate that a small proportion of crime is committed by …” „… age 70 or more. But the steepest decline is in the years 18 to 25 or 26. Interestingly, offence-based …”

Petter Asp On the Justification of Complex Nonconsummate Offences S. 29-46

„… than on criminal attempts).1 Since neither the concept of complex nonconsummate offences nor the …” „… morally justified to introduce or to keep that offence within the criminal law system. Thus, the question …” „… corresponding consummate offence. In this context one should note, however, that many criminal law systems …”

Lucia Zedner Security for Whom? Reducing risk by eroding rights S. 1117-1134

„… criminal process, trial, and punishment. Dedicated to detecting offences, ascribing responsibility …” „… ). Breach of a condition imposed by a control order is a criminal offence punishable by imprisonment. In …” „… individuals who have never been charged with a recognisable criminal offence are running around on plastic …”

Andrew Ashworth Plea Bargaining, Pragmatism and Rights S. 19-28

„… criminal offence shall be presumed innocent until proved guilty according to law.‹ This article has been …” „… circumstances. Most systems of criminal law penalise an offence of blackmail. In English law the essence of the …” „… amount to a criminal offence in this country. Although the blackmail analysis caters for the facts of …”

Roger Hood Attacking the Death Penalty in the Anglophone Caribbean: A Criminological Contribution S. 313-330

„… offences, whether in peacetime or wartime, in civil or military law. A further 10 had abolished it for all …” „… offences save for treason in exceptional circumstances or under their military law in time of war. Only 59 …” „… retained the criminal law and sanction for murder as it was prior to independence: namely, a mandatory …”

Neil MacCormick A Common Approach to Crime? Observations on the European Arrest Warrant and the Democratic Deficit S. 535-542

„… both of sixty-five years and of many wise and profound insights into criminal process, criminal law …” „… affairs, and he has cast much light on the emergence and growth of a new approach to European Criminal …” „… Law. In this tribute to him, I wish to look at one of the new developments in European criminal …”

Asbjørn Strandbakken Disclosure of evidence by the prosecution S. 945-958

„… , but the more detailed rights are reserved for those charged with a criminal offence (see Article 6 …” „… criminal proceedings concerning sexual offences, and accepted that certain measures must be taken for the …” „… general interest. However, over the past 50 years there has been a harmonization of criminal law and …”

Kimmo Nuotio Criminal law of a transnational polity S. 685-698

„… 685 Criminal law of a transnational polity1 Kimmo Nuotio Kimmo Nuotio Criminal law of a …” „… fact that the competence to issue criminal legislation, or, to be more precise, to pass binding …” „… »con- 1 The text was originally presented at a special workshop ›Towards a European Criminal Law?‹ at …”

Titelei/Inhaltsverzeichnis S. 2-18

„… 77 Antony Duff Crimes, Regulatory Offences and Criminal Trials 87 Frieder Dünkel Strafvollzug und die …” „… Justification of Complex Nonconsummate Offences 29 Joxerramon Bengoetxea Quality Standards in Judicial …” „… Nuotio Criminal law of a transnational polity 685 Wolfgang Ohler Strafvollzug als postmodernes Ritual …”

Otto Lagodny Die Ungeeignetheit von reinen Geschworenengerichten im kontinentalen Strafverfahren S. 499-510

„… Auslandes, Freiburg i Br 1995, S. 560 ff.; van den Wyngaert (Hrsg.), Criminal Procedure Systems in the …” „… 2001, S. 408 sowie Tochilovsky, Trial in International Criminal Jursisdiction: Battle or Scrutiny …” „… ? European Journal of Crime, Criminal Law and Criminal Justice, 1998, 55ff. Ein weiteres Beispiel für eine …”

Mark Pieth Selbstregulierung zum Schutz vor strafrechtlicher Organisationshaftung: die Bank und das Geldwäscherisiko S. 717-728

„… Regulated Self- Regulation, Comments from a Criminal Lawyer’s View«, Svensk Jurist Tidning 2001, S. 121-130 …” „… , Council of Europe, Criminal Law Convention on Corruption (ETS No. 173, 27. Januar 1999); COE 1999b …” „… Committee on Crime Problems (CDPC), Draft Recommendation concerning Liability of Enterprises for Offences …”

Torsten Stein Aggression als Verbrechen im Statut des Internationalen Strafgerichtshofes – »A Bridge Too Far«? S. 935-944

„… of Mankind, YILC 1991 II/2, 94; Draft Statute for an International Criminal Court, YILC 1994 II/2 …” „… International Criminal Court and the Crime of Aggression (2004). 936 Torsten Stein II. Die Entwicklung der …” „… supreme offence against international morality and the sanctity of treaties«. Das war eher politisch als …”

Anke Morsch Die Verfahrensgarantien des Art. 6 der Europäischen Menschenrechtskonvention und das deutsche Steuerrecht S. 601-620

„… necessarily deprive an offence of its criminal charakter.« 48 EGMR, Urteil v. 23.7.2002, a.a.0 (Fn. 42), § 79 …” „… criminal Charge against him, everyone is entitled to a fair and public hearing within a reasonable time by …” „… Criminal Jurisprudence, Legal Studies 1991, S. 239. Die Verfahrensgarantien des Art. 6 der Europäischen …”

doi.org/10.5771/9783845202259

Charles J. Scicluna, Myriam Wijlens - Rights of Alleged Victims in Penal Proceedings

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Charles J. Scicluna (ed.), Myriam Wijlens (ed.)

Rights of Alleged Victims in Penal Proceedings

Series: Edition Seehaus [plus] – Resozialisierung – Opferschutz – Restorative Justice

Volume 2 2023

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Polish Criminal Procedure in Respect of Sexual Offences Against Minors S. 261-286

„… Polish Criminal Procedure in Respect of Sexual Offences Against MinorsMałgorzata …” „… the rights of the victim. The discussion of criminal procedure provisions applicable to such offences …” „… overview of Polish criminal procedure in respect of sexual offences against minors, defined by Chapter XXV …”

The Rights of Alleged Victims in Penal Procedures in France S. 217-234

„… suffered damage directly caused by the offence”.Right of actionArticle 2 of the Code of Criminal Procedure …” „… independent magistrate. The judicial investigation is required for the most serious offences (criminal …” „… criminal court for compensation for damage suffered, but only for damage caused by an offence. The civil …”

Rights of Survivors of Child Sexual Abuse in Criminal Proceedings in Australia S. 83-118

„… OffencesUnder Australian law, sexual abuse of a child under 18 years of age is a criminal offence. CSA offences …” „… evidence (e.g., Section 88 of the Criminal Procedure Amendment (Child Sexual Offence Evidence Pilot) Act …” „… criminal cases. In 2019, of 994 persons charged with 4,705 individual CSA offences in NSW, 4.A.44 Natalie …”

The Rights of (Minor) Victims of Sexual Violence in German Criminal Procedure S. 243-260

„… limitations; minor victims; sexual violence A criminal offence is an individual’s violation of a legal …” „… criminal offence is not merely a violation of the law. Above all, it is a violation of a victim’s legal …” „… (GA 2016), 78.2 The statement refers to criminal offences for the protection of individual legal …”

The Position of Alleged Victims in the Canonical Penal Process S. 287-308

„… . Provisions in Canon Law and the Criminal Law of Different Legal Systems. Nomos 2023, 19-38.Mark L. Bartchak …” „… involved in these cases are well-versed in the jurisprudence concerning the nature of these offences and …” „… opportunity for the confessor himself to initiate an offence against the sixth commandment with the …”

Rights of Alleged Victims in Penal Procedures in the Philippines S. 53-82

„… the offence (civil liability ex delicto) charged shall be deemed instituted with the criminal action …” „… criminal action. In that case, the prosecution of the criminal offence would not involve the awarding of …” „… the same offence. 1987 Phil. Constitution, (cf. no. 5).20 When a criminal action is instituted, the …”

Quo vadis? Canonical Reflections on the Rights of Alleged Victims in Canonical Procedures S. 323-343

„… , Polish Criminal Procedure in Respect of Sexual Offences Against Minors, in Scicluna / Wijlens (n 4 …” „… defendant. The criminal offence is an attack on the rights of the society to which the victim belongs: the …” „… criminal offence is grounded in the specific violation of the victim’s legally protected right, which in …”

With Dignity and Respect: How Victims May Participate in Canonical Proceedings – Reflections on a Seminar by a Practising Canon Lawyer in Penal Matters S. 309-322

„… under the heading “Offences against human life, dignity and liberty”. To place the delict under a …” „… prosecutor and recognised expert in the areas of criminal law and procedure as well as victimisation …” „… directly and proximately harmed as a result of the commission of an offence”. She is of the view that this …”

A Crime Victim Rights Framework in the USA S. 119-150

„… American criminal justice system which have served to only benefit the system as a whole.Throughout the …” „… majority of American criminal justice history, the crime victim had no explicit rights, while the accused …” „… did in the 1960s regarding crime victim rights. The American criminal justice system is a …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Procedure 243Małgorzata Skórzewska-AmbergPolish Criminal Procedure in Respect of Sexual Offences Against …” „… the Criminal Law of Different Legal SystemsVolume 2Edition Seehaus [PLUS]Resozialisierung …” „… Wolter (DBH-Fachverband e.V.)2.AuflageProvisions in Canon Law and the Criminal Law of Different Legal …”

Rights of Alleged Victims in Criminal Proceedings in Italy, with Reference to Canon Law S. 235-242

„… Rights of Alleged Victims in Criminal Proceedings in Italy, with Reference to Canon LawLivia …” „… centres such as seminaries 1.1 Servizio analisi criminale della direzione centrale polizia criminale …” „… Criminal Procedure – to represent him/her, i.e. the parent, the curator or the guardian, who may act in a …”

The Rights of Alleged Victims in Canonical Penal Procedures S. 19-38

„… Procedures21suffered a criminal act against him/her by third parties but who does not participate in any …” „… penal process; the second term (‘injured party’) refers to the person who has suffered a criminal act …” „… have suffered damages from a criminal act may submit a request, for the reparation of damages suffered …”

Rights of Alleged Victims in Penal Procedures in Spain S. 151-204

„… are analysed. In particular, the reforms carried out by said LO 8/2021 to the Criminal Procedure Law …” „… purpose of this seminar, that is, to improve the criminal procedures of canon law.The Convention on the …” „… instituted for children who are vulnerable to particular offences; the child should not be discriminated …”

doi.org/10.5771/9783748936169

Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward - The EU Charter of Fundamental Rights

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Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2014

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Valsamis Mitsilegas Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1394-1415

„… disproportionate to the criminal offence.Text of Explanatory Note on Article 49This Article follows the traditional …” „… Article 49 Article 49Principles of Legality and Proportionality of Criminal Offences and Penalties1 …” „… . No one shall be held guilty of any criminal offence on account of any act or omission which did not …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1416-1455

„… Criminal OffenceNo one shall be liable to be tried or punished again in criminal proceedings for an offence …” „… ‘No one shall be liable to be tried or punished again in criminal proceedings for an offence for which …” „… individuals sought for the purposes of prosecution or punishment of criminal offences. Such transfers were …”

Appendix S. 1868-1903

„… not be disproportionate to the criminal offence.Article 50Right not to be tried or punished twice in …” „… criminal proceedings for the same criminal offenceNo one shall be liable to be tried or punished again in …” „… to be tried or punished twice in criminal proceedings for the same criminal offenceArticle 4 of …”

Index S. 1904-1937

„… to life, 31, 35standard of proof, 1283–84violence within the family, 216criminal offences:defi nition …” „… also criminal lawcross-border crime, 122see also criminal offences; European Arrest WarrantCross-Border …” „… criminal offence (Article 50)Dougan, M, 1610Dublin II Regulation, 561right to liberty and security, 124 …”

Debbie Sayers Article 48 – Presumption of Innocence and Right of Defence (Criminal Law) S. 1346-1393

„… charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3 …” „… . Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in …” „… and Fundamental Freedoms (ECHR).2 Article 6(2) states that: ‘Everyone charged with a criminal offence …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 164-195

„… creation of criminal offences for conduct that has a trans-border element or impinges upon the fulfilment …” „… pursuant to criminal offences under Article 5(1)(a) ECHR. The Court of Justice has been willing to rule …” „… committed criminal offences but to aliens who, often fearing for their lives, have fled from their own …”

Hanns Peter Nehl Article 48 – Presumption of Innocence and Right of Defence (Administrative Law) S. 1320-1345

„… . Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3 …” „… . Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in …” „… that: ‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty …”

Ruth Lamont Article 24 – The Rights of the Child S. 704-735

„… criminal offence of ‘trafficking in human beings’ and provides for the protection of victims of trafficking …” „… comprehensive approach to these criminal offences where a child is the victim, and to associated sanctions for …” „… beings and protecting its victims53 creates a criminal offence of trafficking human beings.54 The …”

Lorna Woods Article 54 – Abuse of Rights S. 1582-1599

„… committed unlawfully and intentionally, as a criminal offence under its domestic law.Note that Article 12 of …” „… : ‘A hate crime can be defined as: (A) Any criminal offence, including offences against persons or …” „… November 2012) regarding the Dutch (lack of) responsibility for the actions of the International Criminal …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 144-163

„… power to establish minimum rules concerning the definition of criminal offences and sanctions regarding …” „… positive obligation to have adequate criminal offences in place to protect the applicant from servitude and …” „… their employers (Art 6). It must also be a criminal offence (not just an infringement) to employ persons …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the EU Constitutional Edifice S. 1600-1637

„… brought criminal proceedings against Mr Åkerberg Fransson on charges of serious tax offences. He was …” „… both administrative and criminal penalties for the same offence), has not been incorporated fully into …” „… (tax surcharge) on Mr Åkerberg Fransson. With a view to seeing the criminal charges brought against him …”

Mark Bell Article 20 – Equality before the Law S. 606-621

„… distributive choices, inequalities can arise in the operation of the law. EU criminal law is an obvious area …” „… ’; it needed to be established that the offence in respect of which the request for extradition had been …” „… issued was contrary to the criminal law of both the requesting state and the surrendering state. The …”

Gabriel N Toggenburg The EU Fundamental Rights Agency and the Fundamental Rights Charter: How Fundamental is the Link Between them? S. 1656-1669

„… of criminal offences and penalties, and ne bis in idem (Arts 48 to 50 of the Charter); right …” „… ; (d) Roma integration; (e) judicial cooperation, except in criminal matters; (f) rights of the child …” „… . The same can be said for ‘judicial cooperation, except in criminal matters’. 57.1857.19The EU …”

Manfred Nowak, Anne Charbord Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 104-143

„… offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any …” „… as the ECHR Article.Select BibliographyM Cherif Bassiouni (ed), International Criminal Law: Sources …” „… International Criminal Court: A Commentary on the Rome Statute (Oxford, Oxford University Press, 2010).——, ‘The …”

Titelei/Inhaltsverzeichnis S. 1-43

Lorna Woods Article 11 – Freedom of Expression and Information S. 354-383

„… the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation …” „… dissuasive criminal penalties in the Member States of the European Union. Similarly, the Framework Decision …” „… defines the terrorist offences and lays down the penalties that Member States must incorporate in their …”

Jens Vested-Hansen Article 7 – Respect for Private and Family Life (Private Life, Home and Communications) S. 196-225

„… ’ and ‘serious grounds of public policy or public security’55 in relation to such criminal offences …” „… right and judicial cooperation in criminal matters … Nevertheless, from 1 December 2009, it is …” „… of Victims in Criminal ProceedingsSince issues pertaining to national law enforcement are only to a …”

Pekka Aalto, Herwig CH Hofmann, Liisa Holopainen, Elina Paunio, Laurent Pech, Debbie Sayers, Dinah Shelton, Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1240-1319

„… not guarantee to the victim of a criminal offence a right to require criminal proceedings to be …” „… his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair …” „… conduct thorough criminal investigations in order to bring the perpetrators to justice, deriving from the …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 422-443

„… a criminal offence to question the findings of the Nuremberg Military Tribunal). The HRC held that …” „… . What is likely to cause substantial offence to persons of a particular religious persuasion will vary …”

Allan Rosas The Charter and Universal Human Rights Instruments S. 1728-1745

„… legality and proportionality of criminal offences and penalties; here the reference is to Article 15 of the …” „… Covenant). Among specialised instruments, there is the Statute of the International Criminal Court of 1998 …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1498-1565

„… limitation to the determination of civil rights and obligations or criminal charges does not apply as regards …”

Olivier De Schutter The Implementation of the Charter by the Institutions of the European Union S. 1670-1699

„… , investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the …” „… processing operation relates to State security matters) and the activities of the State in areas of criminal …” „… personal data processed in the framework of police and judicial cooperation in criminal matters, [2012] OJ …”

Angela Ward Article 51 – Field of Application S. 1456-1497

„… Agrokonsulting-04-Velko Stoyanov (CJEU, 27 June 2013).18 Case C-399/11 Criminal Proceedings against Stefano …” „… Member State criminal prosecution for breach of its tax laws, when only one element of the dispute was …” „… . 21 Case C-399/11 Criminal Proceedings against Stefano Melloni (n 18) [47]–[54].22 Ibid [58].23 …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 648-675

„… Council Framework Decision 2008/913/JHA, which requires criminal offences and minimum sanctions to be …” „… criminal matters. Article 67 TFEU mentions the importance of combating racism and xenophobia and the 2008 …” „… support for those subject to criminal prosecution, the Convention is not seen as guaranteeing the right to …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 848-875

„… the most significant community in their life’, suffers a personal impact akin to a criminal punishment …” „… employment-related offences can be a valid reason for dismissal but not if the offence is not employmentrelated …”

Lamin Khadar, Jo Shaw Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1070-1099

„… law.Limitation on Grounds of Criminal Convictions/IncarcerationRecent ECtHR cases such as Hirst v the United …” „… nature of the offence committed or the duration of the sentence; while in yet others prisoners are only …” „… Limitation on Grounds of Mental Health ProblemsAs with persons convicted of offences, persons suffering from …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 334-353

„… and the prevention of criminal offences, for the protection of health and for the protection of the …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 586-605

„… fact that he had been convicted of a criminal offence was irrelevant to the obligation of the Austrian …”

Catherine Dupré Article 1 – Human Dignity S. 44-67

„… legality and proportionality of criminal offences and penalties (Art 49).Lastly, two more points have to be …”

Maarten den Heijer Article 18 – Right to Asylum S. 562-585

„… minors, protection of victims of trafficking or other specific offences, and protection of victims of …” „… enabling those who have committed certain serious crimes to escape criminal liability; ii) a determination …”

Shazia Choudhry Article 9 – Right to Marry and Right to Found a Family S. 310-333

„… 1992).106 Ibid [1]. The Commission noted that for centuries it has been an offence in the UK, by virtue of …” „… the criminal law on bigamy, to contract a marriage with more than one woman at a time on UK territory …”

Violeta Moreno-Lax, Cathryn Costello The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model S. 1700-1727

„… , and child pornography,97 which requires states to enact legislation to criminalise specific offences …” „… mark for this expansive scope.185 The case concerned national rules on VAT penalties and criminal …”

doi.org/10.5771/9783845259055

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Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

2022

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Valsamis Mitsilegas, Emmanouil Billis Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1473-1508

„… Article 49 Article 49 Principles of Legality and Proportionality of Criminal Offences and …” „… Penalties 1. No one shall be held guilty of any criminal offence on account of any act or omission which …” „… did not constitute a criminal offence under national law or international law at the time when it was …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1509-1552

„… Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence No one …” „… shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she …” „… ‘ No one shall be liable to be tried or punished again in criminal proceedings for an offence for which …”

Appendix S. 1891-1926

„… not be disproportionate to the criminal offence.Article 50Right not to be tried or punished twice in …” „… criminal proceedings for the same criminal offenceNo one shall be liable to be tried or punished again in …” „… criminal offenceArticle 4 of Protocol No 7 to the ECHR reads as follows:‘1. No one shall be liable to be …”

Debbie Sayers Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence S. 1413-1472

„… : ‘ 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according …” „… to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be …” „… ) states that: ‘ Everyone charged with a criminal offence shall be presumed innocent until proved guilty …”

Hanns Peter Nehl Article 48 (Administrative Law) – Presumption of Innocence and Right of Defence S. 1385-1412

„… : ‘ 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according …” „… to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be …” „… : ‘ Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 115-150

„… the creation of criminal offences for conduct that has a trans-border element or impinges upon the …” „… may also have relevance for detention pursuant to criminal offences under Article 5(1)(a) ECHR. The …” „… States to impose criminal sanctions for immigration offences. The Court found that the administrative …”

Index S. 1927-1968

„… legality and proportionality of criminal offences and penalties (Article 49) ne bis in idem principle …” „… , see Principles of legality and proportionality of criminal offences and penalties (Article 49) rights …” „… criminal offences: legality principle, 1475 – 76 , 1477 – 85 administrative sanctions, relationship …”

Ruth Lamont Article 24 – The Rights of the Child S. 693-724

„… , detection, or prosecution of criminal offences or the execution of criminal penalties, and the free movement …” „… of criminal offences identifi es children as ‘ vulnerable ’ and requiring specifi c safeguards in …” „… comprehensive approach to these criminal offences where a child is the victim, and to associated sanctions for …”

Lorna Woods Article 54 – Abuse of Rights S. 1691-1708

„… committed unlawfully and intentionally, as a criminal offence under its domestic law. Note that Article 12 …” „… : (A) Any criminal offence, including offences against persons or property, where the victim, premises …” „… Criminal Court which is located on Dutch territory. 5 See eg M v UK App no 25087/06 (Decision 24 June …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 93-114

„… power to establish minimum rules concerning the definition of criminal offences and sanctions regarding …” „… its positive obligation to have in place adequate criminal offences to protect her from servitude and …” „… must also be a criminal offence (not just an infringement) to employ persons in particularly …”

Mark Bell Article 20 – Equality Before the Law S. 597-612

„… the offence in respect of which the request for 20.2920.3020.31Part I – Commentary on the Articles of …” „… de Wereld VZW (n 45) [58]. 69 Ibid [57]. 70 Case C-634/18 Criminal Proceedings Brought Against …” „… criminal law of both the requesting state and the surrendering state. The European Arrest Warrant …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 231-290

„… against persons suspected of having committed criminal offences, where those persons are not in a position …” „… free movement of such data in the fi elds of judicial cooperation in criminal matters and police …” „… criminal matters (the former third pillar area), a legal basis was provided in the former EU Treaty to take …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the European Legal Space S. 1711-1734

„… offences). Moreover, tax and criminal proceedings must have complementary objectives. Second, national law …” „… pointed out that such a Member State must comply with the principle that criminal offences and penalties …” „… , French criminal law provided that persons in Mr Delvigne ’ s situation were deprived of their right to …”

Maria-Teresa Gil-Bazo Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 59-92

„… : ‘ 1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The …” „… as the ECHR Article. Select Bibliography M Cherif Bassiouni (ed), International Criminal Law …” „… . W Schabas , The International Criminal Court: A Commentary on the Rome Statute ( Oxford , Oxford …”

Titelei/Inhaltsverzeichnis

Gabriel N Toggenburg The Implementation of the Charter of Fundamental Rights by the EU Member States (as Refl ected in the Work of the EU Fundamental Rights Agency) S. 1791-1808

„… of criminal offences and penalties) of the Charter, a Romanian court reduced a 26-year prison …” „… Offi ce (EPPO), the European Criminal Record Information System (ECRIS), the EU common list of safe …” „… criminal matters; (e) migration, borders, asylum and integration of refugees and migrants; (f) racism …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 333-370

„… the defi nition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation …” „… combating certain forms and expressions of racism and xenophobia by means of criminal law [ 2008 ] OJ L …” „… racism and xenophobia are punishable by effective, proportionate and dissuasive criminal penalties in the …”

David Mangan Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life S. 151-194

„… , investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA ([2019 …” „… rights under the Directive when it was necessary in relation to criminal offences. 93 The Court …” „… the objective of preventing, investigating, detecting and processing criminal offences generally …”

Jo Shaw, Lamin Khadar Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1085-1112

„… legitimate aim of general interest and of taking into account the nature and gravity of the criminal offence …” „… Criminal Convictions/Incarceration ECtHR cases such as Hirst v the United Kingdom (No 2) 98 and Scoppola …” „… offenders. In other states, disenfranchisement depends on the nature of the offence committed or the …”

Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1245-1384

„… obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a …” „… and Equality v LM ’ ( 2018 ) 9 New Journal of European Criminal Law 353 . A Beka , ‘The Active …” „… Protection in Transnational Criminal Proceedings ( Springer International Publishing , 2021 ). F Brito …”

Allan Rosas The Charter and Universal Human Rights Instruments S. 1757-1772

„… Others EU:C:2010:181 [83] – [88] . of criminal offences and penalties; here the reference is to Article …” „… Criminal Court of 1998 (Art 7(1)(g) of which is mentioned under Art 3 on the right of the integrity of the …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 405-428

„… it a criminal offence to question the findings of the Nuremberg Military Tribunal). The HRC held that …” „… religious convictions. What is likely to cause substantial offence to persons of a particular religious …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1611-1674

„… civil rights and obligations or criminal charges does not apply as regards Union law and its …”

Ferdinand Wollenschläger Article 17 (1) – Right to Property S. 489-518

„… Simonato , ‘ Extended confi scation of criminal assets: limits and pitfalls of minimum harmonisation in …” „… which must be paid ’ ; 87 also fi nancial penalties (of a criminal or administrative nature) have been …” „… ), insofar a broad legislative margin of appreciation is awarded. 115 Criminal penalties for theft or rules …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 639-666

„… supporting judicial cooperation in criminal matters. Article 67 TFEU mentions the importance of combating …” „… racism and xenophobia and the 2008 Council Framework Decision 2008/913/JHA, which requires criminal …” „… offences and minimum sanctions to be introduced relating to racism and xenophobia, was based on the …”

Maarten den Heijer Article 18 – Right to Asylum S. 551-572

„… unaccompanied minors, protection of victims of traffi cking or other specifi c offences, and protection of …” „… from enabling those who have committed certain serious crimes to escape criminal liability; (ii) a …” „… full investigation into all the circumstances of the individual case and that a criminal conviction is …”

Angela Ward Article 51 – Field of Application S. 1553-1610

„… Judgment of 26 February 2013, Criminal Proceedings against Stefano Melloni , Case C-399/11 , EU:C …” „… 1267 , 1289 – 94 . 56 Judgment of 26 February 2013, Criminal Proceedings against Stefano Melloni …” „… , [76], Criminal Proceedings Against MAS and MB , C-42/17 , EU:C:2017:564 , [16], and Lada , C …”

Steve Weatherill Article 38 – Consumer Protection S. 1065-1084

„… not to be tried or punished twice in criminal proceedings for the same offence — but not consumer …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 573-596

„… fact that he had been convicted of a criminal offence was irrelevant to the obligation of the Austrian …”

Catherine Dupré Article 1 – Human Dignity S. 3-24

„… ruling of July 2018. 14 In addition, the principles of legality and proportionality of criminal offences …”

Steve Peers Article 9 – Right to Marry and Right to Found a Family S. 291-312

„… Ibid [1]. The Commission noted that for centuries it has been an offence in the UK, by virtue of the …” „… criminal law on bigamy, to contract a marriage with more than one woman at a time on UK territory. 109 …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 837-874

„… akin to a criminal punishment. 48 Dismissal without cause strikes at the personal integrity of the …” „… delivered in court for employment-related offences can be a valid reason for dismissal but not if the …” „… offence is not employment-related unless the length of the custodial sentence prevents the person carrying …”

Paul Torremans Article 17 (2) – Right to Property S. 519-550

doi.org/10.5771/9783748913245

Indra Spiecker gen. Döhmann, Vagelis Papakonstantinou, Gerrit Hornung, Paul De Hert - General Data Protection Regulation

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Indra Spiecker gen. Döhmann (ed.), Vagelis Papakonstantinou (ed.), Gerrit Hornung (ed.), Paul De Hert (ed.)

General Data Protection Regulation

2023

Results in this title

Art. 10 Processing of personal data relating to criminal convictions and offences András Jóri S. 420-425

„… such offences.The rationale behind Art. 10 is the sensitive nature of data relating to criminal …” „… data relating to criminal convictions and offences or related security measures based on Article 6(1 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51. Personal data related to criminal convictions and offences or related security measures …”

Art. 84 Penalties Olivia Tambou S. 1064-1069

„… proceedings for the same criminal offence’, in: S. Peers, T. Hervey, J. Kenner and A. Ward (eds), The EU …” „… limited solely to criminal offences. Second, administrative fines have been prioritised; and penalties …” „… primarily cover criminal offences, where Member States have full competence, but also other administrative …”

Art. 23 Restrictions Alexander Dix S. 543-563

„… prevention, investigation, detection or prosecution of criminal offences or the execution of criminal …” „… of criminal offences, the execution of sentences and the prevention of threats to public security …” „… “criminal offences” includes administrative enquiries or disciplinary proceedings only as far as there is a …”

Art. 4(16) Main establishment Sebastian Bretthauer S. 229-236

„… interpreting Art. 10, built on the term “criminal convictions and offences”, clearly not covering the lack of …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2014 Note that our interpretation regarding the application of Art. 10 to clean criminal records is the …” „… health status involves a lower level of risk (similarly as a “clean criminal record”), therefore …”

Art. 30 Records of processing activities Laura Carmichael, Emma Cradock and Sophie Stalla-Bourdillon S. 649-655

„… as referred to in Article 9(1) or personal data relating to criminal convictions and offences …” „… personal data relating to criminal convictions and offences (Art. 10). According to an Art. 29 WP position …”

Index S. 1169-1211

„… data 4(1) 2, 17, 28– privacy 4(1) 1, 4– relating to criminal convictions and offences or related …” „… of special categories of data, or of personal data relating to criminal convictions and offences …” „… , 38Processing of personal data relating to criminal convictions and offences 10 1 et seq.– anti-money …”

Art. 6(1)(f) Video recording Domingos Farinho S. 363-375

„… prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against …” „… prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against …” „… criminal activities as well as to manage and assure the compliance of rules in designated environments …”

Art. 35 Data protection impact assessment Jens Ambrock and Moritz Karg S. 687-705

„… relating to criminal convictions and offences referred to in Art. 10; or(c) a systematic monitoring of a …” „… data relating to criminal convictions and offences pursuant to Art. 10 is envisaged or when the …” „… categories of personal data pursuant to Art. 9 para. 1 or data relating to criminal convictions and offences …”

Art. 2 Material scope Vagelis Papakonstantinou and Paul De Hert S. 92-115

„… , detection or prosecution of criminal offences or the execution of criminal penalties, including the …” „… operation for the prevention of a criminal offence? Do the exact same data that undergo processing under the …” „… purposes of investigation detection or prosecution of criminal offences financial institutions retain …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. 9 400Processing of personal data relating to criminal convictions and offences …” „… Brussels (VUB, Vrije Universiteit Brussel), where he currently teaches Criminal Law, and an …” „… research interests are focused on privacy & technology and criminal law. His work testifies of a human …”

Art. 11 Processing which does not require identification Laura Carmichael, Emma Cradock and Sophie Stalla-Bourdillon S. 426-433

„… .24“Processing is authorised by Union or Member State law”In many cases, data relating to criminal …” „… convictions or offences and related security measures are processed by private entities (e.g., background …” „… criminal cases). The term “authorisation” (by Member State law) is not explicitly defined. A general …”

Art. 37 Designation of the data protection officer Stefan Drewes and Sebastian Bretthauer S. 714-724

„… data pursuant to Art. 9 and personal data relating to criminal convictions and offences referred to in …” „… categories of personal data according to Art. 9 or data on criminal convictions and offences according to …”

Art. 34 Communication of a personal data breach to the data subject Alexander Dix S. 681-686

„… of special categories of data, or of personal data relating to criminal convictions and offences as …” „… criminal investigations e.g. in cases of computer crime.13As soon as investigations are no longer …”

Art. 86 Processing and public access to official documents András Jóri S. 1086-1089

„… distinguished this case from the case of ML and WW.123 At least in those cases where reports deal with criminal …” „… points imposed for road traffic offences and of the seriousness of the interference with the fundamental …”

Art. 16 Right to rectification Alexander Dix S. 480-486

„… concerning a natural person's sex life or sexual orientation, data on offences, criminal convictions, or …” „… human right to privacy is violated by a police report referring to criminal proceedings against him …”

Art. 4(4) Profiling Olivia Tambou S. 158-161

„… authorities’ (except police and judicial authorities responsible for prosecuting criminal offences). See …”

Art. 95 Relationship with Directive 2002/58/EC Vagelis Papakonstantinou and Paul De Hert S. 1150-1154

„… prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred …”

Art. 39 Tasks of the data protection officer Stefan Drewes and Sebastian Bretthauer S. 730-735

„… case of the most serious infringements (especially if criminal offences are committed).13 The DPO is …”

Art. 6(1)(f) Credit scoring Hans-W. Micklitz and Giovanni Sartor S. 356-362

„… concerning criminal convictions and offences (Art. 10 GDPR). The code also provides that processing for the …”

Art. 6 Lawfulness of processing Giovanni Sartor S. 291-327

„… “for purposes prevention, investigation, detection or prosecution of criminal offences or the …” „… of personal data are processed, pursuant to Art. 9, or whether personal data related to criminal …” „… convictions and offences are processed, pursuant to Art. 10;(d) the possible consequences of the intended …”

Art. 88 Processing in the context of employment Achim Seifert S. 1094-1112

„… restrictions for the prevention, investigation, detection or prosecution of criminal offences. Moreover, Art …” „… unlawfully monitored by the employer and may qualify them as administrative or criminal offences.61 The same …”

Art. 49 Derogations for specific situations Peter Schantz S. 838-853

„… criminal offences or the execution of criminal penalties, including the safeguarding and prevention of …” „… future dispute.71Civil law claims clearly fall under lit. e. Criminal proceedings, on the other hand, do …” „… register, company register, trademark register, registers of criminal conviction). It does not matter …”

Art. 1 Subject-Matter and Objectives Gerrit Hornung and Indra Spiecker gen. Döhmann S. 77-91

„… prosecuting criminal offences or for the execution of criminal penalties, including the safeguarding against …” „… police or the criminal justice authorities for the purpose of preventing, investigating, detecting or …” „… (→ Introduction mn. 123 et seq.) and the Data Protection Directive for Police and Criminal Justice Authorities …”

Art. 27 Representatives of controllers or processors not established in the Union Gerrit Hornung S. 617-625

„… processing of personal data relating to criminal convictions and offences referred to in Art. 10, and is …”

Introduction S. 1-76

„… information on the health of the data subjects or their criminal record.The USA in particular pursued a third …” „… beliefs and criminal record, as well as data on health and sexual life. However, the list is not …”

Art. 9 Processing of special categories of personal data András Jóri S. 400-419

„… András Jóri 40323456new elements as well. Processing relating to criminal convictions and offences …” „… criminal convictions and related security measures were removed from the article and became subject to …”

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