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Mutual Recognition of Judgements in Criminal Matters Involving Deprivation of Liberty in Spain

Council Framework Decision 2008/909/JHA of 27 November 2008 “on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union” was implemented in Spain …

Published 5 years, 10 months ago
Article
Tracking and Tracing Stolen Assets in Foreign Jurisdictions
It has been estimated that roughly 1.6 trillion USD in criminal proceeds are laundered through the international financial system each year.1 To put this in perspective, this sum is more than the combined GDPs of Switzerland, Portugal, Romania, Belarus, and Austria in 2011. To enjoy this unnerving amount of illicit assets, criminals are forced to launder these funds through legitimate international financial channels in an attempt to disguise their illegitimate origins. Consequently, if an investigator knows how and where to look, there is always a connection that links a criminal’s assets to his or her crimes – and if sufficient…
Published 6 years, 7 months ago
Article
Guest Editorial eucrim 3/2013
Dear Readers, At the present time, the topics of fraud and tax evasion and, in general, the integrity of the single market are at the heart of the political agenda. Many of the issues under discussion concern my portfolio in one way or another. Firstly, I wish to mention the fight against fraud and tax evasion. This debate is not new. We can all recall the G20 meeting in London in 2009, where an ambitious political agenda was launched for the fight against tax havens and tax evasion in a broader sense. Recent reports have shown that the phenomenon is…
Published 6 years, 7 months ago
Article
Guest Editorial eucrim 4/2013
Dear Readers, EU money must not be pocketed by criminals. We have a federal budget – with money coming from the 28 EU Member States – and, as a consequence, we also need federal laws to protect this budget. This is why the European Commission proposed a Directive on the protection of the EU’s financial interests in July 2012. The new EU-wide rules aim to achieve two objectives: First, to introduce common definitions of fraud throughout the EU, making sure that fraud against the EU budget is considered a crime everywhere in the EU. Second, to set a minimum level…
Published 6 years, 7 months ago
Article
The Harmonisation of Criminal Sanctions in the European Union - A New Approach

The use of minimum maximum penalties in order to harmonise criminal sanctions under Art. 83 TFEU has proven little effective so far. A project by the European Criminal Policy Initiative (ECPI), which was concluded recently, demonstrates that a reasonable harmonisation of sanctions must be preferably …

Published 6 years, 9 months ago
Article
Vollstreckungshilfe zwischen Deutschland und Taiwan auf neuer Grundlage

One of the main goals of imprisonment is to facilitate the reintegration of offenders into socie-ty. This is better achieved if offenders are sent to prison where they would like to settle upon release. Since German nationals are serving prison sentences in Taiwan and Taiwanese …

Published 7 years ago
Article
Können die Regelungen über die Zusammenarbeit der EU-Mitgliedstaaten bei der Strafverfolgung kurzerhand aufgehoben werden?

The European Union performs numerous tasks. In order to carry out these tasks, the Union relies on money that is provided for by the Member States, including customs duties. This article initially describes the principles of the legal framework within which Member States
- levy customs …

Published 7 years ago
Article
Die EU-Strafverfahrensrechtsrichtlinien vor deutschen Gerichten

The article summarises the recent references of German criminal courts to the ECJ seeking guidance on the interpretation of the German procedure for penal orders (Strafbefehlsverfahren). Conformity was sought with regard to the EU directives on the right to interpretation/translation and the right to information. …

Published 7 years, 4 months ago
Article
EPPO Institutionalization during the Bulgarian Council Presidency

The article follows up the efforts undertaken by the EU Commission together with the Council of the European Union to set up the European Public Prosecutor’s Office (EPPO). Preparing the EPPO to become operational by 2020 was a top political priority during the Bulgarian Council …

Published 7 years, 6 months ago
Article
The EPPO’s Hybrid Structure and Legal Framework

This article addresses several issues concerning additional measures required for a proper imple-mentation of the EPPO Regulation from the point of view of a Member State with a federal struc-ture. These issues include matters involving Member States’ personnel working for the EPPO, clarification of the …

Published 7 years, 6 months ago