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Rights of Victims in Slovenian Criminal Law According to the EU Framework Decision on the Standing of Victims in Criminal Proceedings
This article focuses on the rights of victims in Slovenian criminal law. The main questions here are whether Slovenia has fully implemented the EU Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings, whether our legislation on victims poses any problems from the viewpoint of this framework decision, and whether Slovenian law offers any additional protection and rights to the victims.
Since the Republic of Slovenia became an independent state in 1991, there have been many changes to our criminal law. The Criminal Procedure Act (CPA) and Criminal Code (CC) first entered into force on 1st January 1995. Both have seen some amendments, and the entire criminal law (both substantive and procedural) was extensively altered after 2005 when numerous special acts were adopted (including the Witness Protection Act and the Act on Compensation of Victims of Violent Criminal Acts ) and a new Criminal Code-1 (CC-1) …
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Associations for European Criminal Law and the Protection of the EU Financial Interests – Guiding Principles 20 Years Later: A New Impetus
The first Association was formally constituted in Rome in October 1990. Today, there are 32 associations altogether, representing all the Member States (except Cyprus), plus Croatia, San Marino, Switzerland, and Turkey. AGON, the bulletin of the Associations, was first published in April 1993. It was replaced by eucrim in 2006. The Associations meanwhile function as a network and serve as a forum in the field of European criminal law and the protection of the financial interests of the European Union. They are made up of representatives from the legal and judicial professions (academics and practitioners) as well as other law… Read more
Procedural Rights of Persons under Investigation by OLAF
The article examines the investigative role of the European Anti-Fraud Office (OLAF) and the procedural rights implications arising from its anti-fraud activities.
Read moreThe Isolation of Dutch Environmental Criminal Law
The legal organization of Dutch environmental criminal law The penalization of environmental offences in the Netherlands differs from the penalization of classic offences such as murder or theft. Except for an occasional environmental offence in the Criminal Code and except for the applicability of, for example, forgery in environmental cases, penalization of environmental offences takes place via the Economic Offences Act. At the time that this Act was realized in 1950 its purpose was to protect the restoration of the economic order after the Second World War and it initially only comprised economic offences. From the seventies onwards the legislator… Read more
The Civil Asset Forfeiture Approach to Organised Crime
Introduction The common approach to fight crime is to collect evidence, charge the defendant in a criminal trial and, if proven guilty, to impose criminal sanctions such as fines or imprisonment. Most legal systems also provide for the possibility to confiscate the proceeds of crime following a criminal conviction. As organised crime has evolved, attempts have been made by governments and international institutions to fight it through this traditional criminal law approach. In order to be better able to obtain a criminal conviction of organised criminals, the criminalisation of money laundering is perhaps the most known measure. However, the common… Read more
Terrorism Lists and Freezing of Assets – Getting Behind Appearances
Introduction – The Relevance and Importance of the Criminal Charge Question Counter Terrorism Financing (CTF) asset freezing entails the suspension of access to financial assets of persons or organizations who and which are considered to be engaged in committing or facilitating the commission of terrorist acts. The listing-decisions that precede the asset freezes also entail the prohibition of making assets available to the target individual or organization. Doctrinally, asset freezes are temporary administrative law measures with preventive security purposes, issued non-judicially and not reliant on criminal standards such as a conviction or indictment and which can therefore be issued in… Read more