Download Transnational Inquiries and the Protection of Fundamental by Giulio Illuminati (auth.), Stefano Ruggeri (eds.) PDF

By Giulio Illuminati (auth.), Stefano Ruggeri (eds.)

The security of primary rights within the box of transnational legal inquiries is of serious delicateness within the present tangled internet of household and foreign criminal resources. because of this advanced state of affairs, this study has been conducted from a four-level standpoint. the 1st half offers a severe research of the multilevel structures of shielding primary rights from the point of view of supranational and constitutional case legislations, and within the box of overseas and arranged crime. the second one half specializes in european judicial cooperation in 3 major fields: monetary and critical geared up crime, mutual acceptance instruments, and person rights safety. The 3rd half presents the views of ten household felony platforms in fields, i.e., acquiring facts in a foreign country and cooperation with foreign felony tribunals. The fourth half analyses cross-border inquiries in comparative legislation, supplying a reconstruction of alternative versions of acquiring facts overseas.

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Extra resources for Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings: A Study in Memory of Vittorio Grevi and Giovanni Tranchina

Example text

54 Ibid. 55 Vermeulen et al. (2010a), pp. 49–50. 53 Transnational Inquiries and the Protection of Human Rights in the Case-Law. . 56 There is no reason of principle why, as international criminal co-operation in Europe shifts from being a primarily diplomatic matter to a largely judicial one, that a court in London should have any more difficulty in verifying the legality of a domestic search carried out on its behalf by the Police Nationale in Paris, than one carried out by the London Metropolitan Police.

2 Cases Before the Inter-American System of Human Rights . . . . . . . . . . . . . . . . 3 The Inter-American Convention on Mutual Assistance in Criminal Matters and Fundamental Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Due Process and Transnational Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . References . . . . . . . . . . .

Transnational Inquiries and the Protection of Human Rights in the Case-Law. . 33 3 Foreign Provision of Information The same principles seem to apply in the case of other kinds of evidence, such as tape-recordings obtained in breach of Convention rights in a another member state, or in a manner which would have been in breach of Convention rights, had they been applicable in the foreign state. Here again, public interest in mutual assistance seems to take precedence over a strict interpretation of Convention rights.

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