Search results for "Criminal procedure"
showing 10 items of 50 documents
El consentimiento en el proceso penal : ¿un oxímoron?
2021
We are involved in a moment of deep changes in Criminal Procedure due, among other reasons, to the permanent expansion of Criminal Law. Legislative modifications have taken place one another over the world and they have led to a functional reformulation of the role played by the protagonists of Criminal Procedure. These changes have not finished yet and the future is still to come, but new elements are already emerging: the consent of the actors of the process and of the victims and the reinforcement of the principle of opportunity are undoubtedly some of them. Probation, diversion, compliance, criminal mediation are institutions that stand on the principle of consent for procedural purpose…
Procesuālais taisnīgums
1998
Presumption of Innocence and Deterrence
2018
This paper deals with the presumption of innocence and the law enforcer's incentives to exert investigative effort. Our main result is that, even if the presumption of guilt maximizes deterrence for a given effort by the law enforcer, divergent objectives between the law enforcer (who maximizes the probability of a conviction weighted by the magnitude of the sanction and the type of the citizen) and the public decision-maker (who minimizes social costs) may lead the latter to prefer the presumption of innocence. Indeed, the presumption of innocence may induce the law enforcer to increase investigative efforts thereby improving deterrence. As a consequence, if the law enforcer's effort is re…
Fonction et usage de la lettre de rémission chez les ducs de Bourgogne à la fin du Moyen Âge
2015
The letter of remission is a codified document given by the prince, stopping any procedure against people. It forgives the criminal and brings him back his good fama. It allows the historian to wonder about the forgiveness procedure that was established first by the monarchy, then by several territorial princes notably the dukes of Burgundy. The conditions in which these documents were produced at the end of the Middle Ages, their multiple copies and the copies that were made several decades after the initial pardon and that are conserved in the chartrier of the dukes of Burgundy in the Archives Départementales de Côte d’Or invites us to analyze the different practices through time, first b…
Legal Norms Against the Italian Mafia
2016
Legislation expressly aimed at combating mafia-type crimes in the Italian criminal system has long represented a specific and distinctive set of rules, comprising provisions of criminal law, procedural criminal law and penitentiary law, and including provisions of administrative and civil law of a more preventive kind. However, the law constitutes only one aspect of the complex Italian anti-mafia policy, which indeed results from the combination of several factors, such as human losses, political choices, legislative solutions, evolving case law and reactions of the civil society. In the international arena, among the multiple actors engaged at various levels in the fight against organised …
“Restorative Justice”, víctima y mediación. Tres conceptos en el nuevo paradigma de la entrópica Justicia penal” (‘Restorative Justice’, Victim and M…
2018
Spanish Abstract: La sociedad actual encuentra en los momentos en que vivimos un complejo, inquietante y paradojicamente contradictorio paisaje penal, en el que una imparable y abracadabrante produccion legislativa nos invade, en el que la esquizofrenia entre la proclamada ultima ratio del Derecho Penal y la expansion masiva del mismo se hace presente como eje central de las reformas legales, y en el que la tension entre la tutela y proteccion del ciudadano y una sobredimensionada busqueda de la “seguridad” –para la sociedad- encuentra su acomodo perfecto en sede penal. Los cambios, los bienes juridicos protegidos, el imparable aumento en calidad y cantidad de la criminalidad y la regresion…
Weakening Forensic Science in Spain: From Expert Evidence to Documentary Evidence*
2012
An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is ma…
Emergenza Covid-19 fra diritto e processo penale
2021
Inquisitio Contra Haereticos. The Inquisition Trials of Witches, Heretics and Secret Societies
2022
By means of very rare manuscripts and precious historical sources (dating back even to the 16th century), this book aims to reconstruct the varied and complex phenomenon of the Inquisition, with particular scientific reference to the events that took place and unfolded in Sicily through the centuries. Based on primary ancient documents, it constitutes a monographic and reasoned catalogue of the international exhibition on the evolution of the Inquisition, curated in Palermo (Italy) by Francesco Callari and Antonio Scaglione. The exhibition, which was supported by an authoritative Scientific Board, was awarded important institutional recognitions and, in particular, the Medal of the Presiden…