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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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Editorial for
Issue 3/2011
Editorial Guest Editorial for Eucrim 3-2011
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
Die Verwendung fiktiver Identitäten für strafprozessuale Ermittlungen in sozialen Netzwerken. Überlegungen zur Grundrechtsrelevanz und Zulässigkeit nach deutschem Recht
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.
Read moreAssociations 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.
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Editorial for
Issue 4/2010
Editorial Editorial eucrim 4-2010
Dear Readers, On the eve of 2011, eucrim can look forward to celebrating its fifth anniversary: the first issue was published in 2006. The idea for the creation of eucrim came about in 2003 at the Strafrechtslehrertagung, the regular meeting of law professors in the German-speaking world, where the development of European criminal law was discussed. During these deliberations, remarks highly critical of Europeanisation but supported by incomplete and misleading information were made, and participants complained about a lack of information in the field of European criminal law. To improve this unsatisfactory situation, I proposed in the discussion that the… Read more