Description

Book Synopsis
The author examines the basic principles of the extent of state penal power as well as the causes and legal facets of criminal jurisdictional conflicts. The study shows that Framework Decision 2009/948/JI fails to satisfactorily protect the legal interests of individuals but also of the EU member states, and is unable to fulfil the requirements of the area of freedom, security and justice. The study presents a draft model for the distribution of responsibilities among the EU member states. The aim of the model is the foreseeable determination of the criminal legislation applicable to certain conduct, whereby state value-based decisions not to deem conduct as punishable are also acknowledged on the principle of territoriality.

Die Vermeidung von Jurisdiktionskonflikten und

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    A Hardback by Benjamin Rekate

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      Publisher: V&R unipress GmbH
      Publication Date: Publication Date: 18/11/2015
      ISBN13: 9783847104773, 978-3847104773
      ISBN10: 3847104772
      Also in:
      Criminal law: procedure and offences International law

      Description

      Book Synopsis
      The author examines the basic principles of the extent of state penal power as well as the causes and legal facets of criminal jurisdictional conflicts. The study shows that Framework Decision 2009/948/JI fails to satisfactorily protect the legal interests of individuals but also of the EU member states, and is unable to fulfil the requirements of the area of freedom, security and justice. The study presents a draft model for the distribution of responsibilities among the EU member states. The aim of the model is the foreseeable determination of the criminal legislation applicable to certain conduct, whereby state value-based decisions not to deem conduct as punishable are also acknowledged on the principle of territoriality.

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