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Editorial Guest Editorial for Eucrim 3-2011

1 January 2011 // english

Dear Readers, One of the fastest growing needs in information management for global networks is cybersecurity and its related policies. The leading role of information technology and the growth of e-commerce have made cybersecurity essential to the economy and the operation of infrastructure systems. In the past year, the European Network and Information Security Agency (ENISA) has been actively strengthening bridges with fellow EU agencies that are part of its “Justice, Freedom and Security” cluster. With its mission to protect information, ENISA has been called upon to provide insight, expert advice, and guidance to its fellow agencies in order to… Read more

 Stefan Drackert Stefan Drackert

Die Verwendung fiktiver Identitäten für strafprozessuale Ermittlungen in sozialen Netzwerken. Überlegungen zur Grundrechtsrelevanz und Zulässigkeit nach deutschem Recht

1 January 2011 // german

The ongoing spread of social networking pages such as Facebook and Google+ recently sparked the interest of German security agencies. In a statement of 14 July 2011, the federal government acknowledged the relevance and conduct of criminal investigations on social networking pages. The government takes the view that the pseudonymous participation does in general not require a specific legal basis since there is no legitimate expectation of privacy on websites which do not require a verification of identity by registration. This view is partly shared in legal writing and refers to a relatively vague section in a recent judgment of the federal constitutional court. The article analyses that argument and reveals that it is too undifferentiated for a transfer to social networks and thus not in accordance with the constitutional requirements in Germany.

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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

1 January 2011 // english

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

 Rob de Rijck Rob de Rijck

The Isolation of Dutch Environmental Criminal Law

1 January 2011 // english

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

Dr. Jon Petter Rui Dr. Jon Petter Rui

The Civil Asset Forfeiture Approach to Organised Crime

1 January 2011 // english

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