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Attempts at trans-jurisdictional debate and agreement are often beset by mutual misunderstandings. And while English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and justice concepts. Professionals and academics engaged in collaborative comparative criminal law projects often do not understand each other, using the same terms with different meanings or different terms meaning the same thing. However, there exists greater similarity among diverse systems of criminal law and justice than is commonly realised. This third volume of Core Concepts in Criminal Law and Criminal Justice explores the principles and concepts that underpin the different domestic systems and rules. It will focus on the Germanic and several principal Anglo-American jurisdictions, which are employed as examples of the wider common law-civil law divide.
The chapter traces the development of police cooperation in Europe from the Napoleonic period to the Second World War and beyond. It shows that police cooperation was shaped to a considerable extent by individual initiatives and also by bilateralism, the latter still having an impact today. Even after the founding of the EU, regional interests or initiatives are decisive. In particular, the Convention implementing the Schengen Agreement, still very important for everyday police cooperation, goes back to an initiative of individual member states. Going beyond bilateral interests and police mentalities, it seems that the very nature of police work is less influenceable by common denominators such as the principle of mutual recognition. Thus, it is not surprising that, for example, the Directive on the European Investigation Order provides, with regard to cross-border covert personal investigations, a provision that does not go beyond its predecessor provisions. The article concludes with a stocktaking of the data exchange of Europes police forces, based in particular on the Schengen Information System. Considering the technical inclination of today’s police practice, the exchange of information will certainly have a decisive effect on any future developments.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.
The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed.