DOCSLIB.ORG

Journal of Eastern-European Criminal

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 1 JOURNAL OF EASTERN­EUROPEAN CRIMINAL LAW No. 1/2014 Evolution of the Penal Legislation in Romania and Hungary, in the Post­Communist Era 2014 2 AUTOR JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 3 UNIVERSITY OF TIMISOARA UNIVERSITY OF PÉCS FACULTY OF LAW FACULTY OF LAW JOURNAL OF EASTERN­EUROPEAN CRIMINAL LAW P BOARD OF EDITORS P Editors­in­Chief Prof. dr. VIOREL PASCA Prof. dr. ISTVÁN GÁL West University of Timisoara University of Pécs Faculty of Law Faculty of Law Editors DR. ADRIAN FANU­MOCA Dr. LAURA MARIA STĂNILĂ Dr. ANDREEA VERTES­OLTEANU Dr. LIVIA SUMANARU Dr. CSABA FENYVESI DR. MIHÁLY TÓTH Dr. DOREL JULEAN Dr. MAGDALENA ROIBU DR. FLORENTINA MUŢIU Dr. PETRE DUNGAN Dr. FLAVIU CIOPEC Dr. TIBERIU MEDEANU Dr. IOANA­CELINA PAȘCA Dr. VOICU PUȘCAȘU ZOLTÁN ANDRÁS NAGY The board of editors shall not take responsibility for the authors' opinions therefore the authors are exclusively responsible for the former. Edited biannually by courtesy of the Criminal Law Departments within the Law Faculties of the West University of Timisoara and the University of Pécs 4 AUTOR Universul Juridic Publishing House Edited by Universul Juridic Publishing House Copyright © 2014, S.C. UNIVERSUL JURIDIC S.R.L. All rights on this edition are reserved to Universul Juridic Publishing House No part of this volume can’t be copied without the subscription of Universul Juridic Publishing House Editorial office: Phone/fax: 021.314.93.13 Phone: 0734.303.101 E­mail: [email protected] Distribution: Phone: 021.314.93.15 Phone/fax: 021.314.93.16 E­mail: [email protected] www.universuljuridic.ro ISSN 2360–4964 JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 5 CONTENTS Foreword ...................................................................................................................................................................... 7 Prof. dr. Viorel PAȘCA, West University of Timisoara, Faculty of Law: Romania’s New Penal Code and the Saga of its Adoption .................................................................... 9 Prof. dr. István László GÀL, University of Pécs, Faculty of Law: Economic Bribery as a Part of Economic Criminal Law and a Concomitant of Political Corruption ................................................................................................................................................................. 23 Dr. Flaviu CIOPEC, West University of Timisoara, Faculty of Law: The New Romanian Code of Criminal Procedure ...................................................................................................... 33 Dr. Csaba FENYVESI, University of Pécs, Faculty of Law: Confrontation in the Mirror of International Documents and the European Court of Human Rights .................... 53 Dr. Adrian FANU­MOCA, West University of Timisoara, Faculty of Law: Evolution of the Regulation of Corruption Offenses ............................................................................ 67 Dr. Mihály TÒTH, University of Pécs, Faculty of Law: A Few Remarks about Criminal Corruption in Hungary .................................................................................................................... 77 Dr. Andreea VERTEŞ­OLTEANU, West University of Timisoara, Faculty of Law: Evolution of the Criminal Legal Frameworks for Preventing and Combating Cybercrime ................................................................................................................................................................ 84 Dr. Zoltán András NAGY, University of Pécs, Faculty of Law: New Technologies ‐ New Challenges to Copyright Law .............................................................................................................. 97 Dr. Laura STĂNILĂ, West University of Timisoara, Faculty of Law: Criminal Liability of Legal Persons. History, Evolution and Trends in Romanian Criminal Law ............................................................................................................................................................................ 109 Dr. Florentina Olimpia MUŢIU, West University of Timisoara, Faculty of Law: Probation Services and Their Role in the Execution of Criminal Sanctions ......................... 122 Dr. Ioana­Celina PAŞCA, West University of Timisoara, Faculty of Law: Evolution of the Legislation on Preventing and Combating Organised crime ................... 128 Dr. Livia SUMĂNARU, West University of Timisoara, Faculty of Law: Prevention and Combatting of Trafficking in Persons ..................................................................... 135 Dr. Magdalena ROIBU, West University of Timisoara, Faculty of Law: The Liberty and Custody Judge in the Romanian New Code of Criminal Procedure ................ 153 Dr. Dorel JULEAN, West University of Timisoara, Faculty of Law: Evolution of the Law on the Execution of Criminal Penalties and Related Acts post 1989 ..................... 163 6 AUTOR JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 7 FOREWORD THERE IS ALWAYS A START Journal of Eastern­European Criminal Law could stand out as a unique publication, at least in this part of the world, as an outcome of the partnership between specialists in criminal law and criminal procedure law from the law faculties of the West University in Timisoara and the University in Pecs, who aimed at presenting, in a different language from their own, the serious amendments of criminal legislation that occurred in their countries in the post‐communist era, an essential requirement for the rule of law. We envisage this journal, published semesterly, to be open to all researchers in the academic environment from the former communist countries, to professors, PhD students, but also, to magistrates and other professionals interested in the evolution of criminal legislation and in the more and more firm response to be given to the criminal phenomenon, while observing the fundamental HUMAN rights. Crime is no longer a purely national issue, it is no longer a feature of one country, and the Penal Codes conceived by following the pattern of sovereign jurisdiction of national states are not, by themselves, the only available instruments for an effective opposition to the new forms of crime. The creation of a common area of freedom, security and justice, based on the principles of transparence and democratic control needs an open dialogue between doctrinaires and practitioners of law in general, and those of criminal law and criminal procedure, first and foremost. Knowledge of the inherent features of national legislations can facilitate the mutual recognition of court decisions, as well as the police and judicial cooperation in criminal matters at cross‐border level. Globalization of law is able to lead to a stability of relationships between humans, including of those between the magistrates belonging to different national judicial systems, the professional exchanges thus amounting to the establishment of a broad judicial network, at global level, animated by common spirit, culture and even projects. In this context, the comparative study of certain legal institutions, the quotation of some decisions passed by the courts of law abroad offers to judges a source of ideas in their quest for logical reasoning or solutions. Globalization is an argument in favor of “another way of learning law” in which the references to comparative law become a must which, if not confronted by universities, “there will emerge a real risk of provincialization of the law faculties within their own country”.1 That is why the current edition of the journal is mainly an invitation to join our team for all those interested in the evolution of criminal law and criminal procedure law and criminal sciences, in general. The board of editors 1 J. Allard, A. Garapon, Les juges dans la mondialisation. La nouvelle revolution du droit, 2005 8 AUTOR JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 9 Romania’s New Penal Code and the Saga of its Adoption Professor VIOREL PAŞCA, Ph.D.* West University of Timisoara, Law Faculty Abstract: The decision to proceed to the drafting of a new Penal Code was not a mere manifestation of the political will, but equally represented a corollary of the economic and social evolution ­ and also of the doctrine and case­law ­ and was based on a series of shortcomings in the regulation of the 1968 Penal Code. A very important role in the harmonization of the legislation with the constitutional provisions has been played by the Constitutional Court, both through its a priori and a posteriori judicial review, the latter taking the form of the settlement of the constitutional challenges raised before the courts. The harmonization of the provisions of the Penal Code with the new constitutional order was performed in this manner, followed, but not always, by appropriate legislative changes. Following the overturn of the communist regime, the 1968 Penal Code was amended or supplemented 54 times, out of which 23 times by means of Government Emergency Ordinances, in order to put in line with the new constitutional regulations and the requirements of Romania’s European integration process. Keywords: new Penal Code; enforcement of the Romanian criminal law in time; enforcement of the Romanian criminal law in space; plurality of offences; criminal liability of legal persons. Responding to the monitoring requirements of the European Commission, the new Penal Code has, as a starting point, the necessity to take over
Recommended publications
  • Criminal Code

    Criminal Code

    2010 Colección: Traducciones del derecho español Edita: Ministerio de Justicia - Secretaría General Técnica NIPO: 051-13-031-1 Traducción jurada realizada por: Clinter Actualización realizada por: Linguaserve Maquetación: Subdirección General de Documentación y Publicaciones ORGANIC ACT 10/1995, DATED 23RD NOVEMBER, ON THE CRIMINAL CODE. GOVERNMENT OFFICES Publication: Official State Gazette number 281 on 24th November 1995 RECITAL OF MOTIVES If the legal order has been defined as a set of rules that regulate the use of force, one may easily understand the importance of the Criminal Code in any civilised society. The Criminal Code defines criminal and misdemeanours that constitute the cases for application of the supreme action that may be taken by the coercive power of the State, that is, criminal sentencing. Thus, the Criminal Code holds a key place in the Law as a whole, to the extent that, not without reason, it has been considered a sort of “Negative Constitution”. The Criminal Code must protect the basic values and principles of our social coexistence. When those values and principles change, it must also change. However, in our country, in spite of profound changes in the social, economic and political orders, the current text dates, as far as its basic core is concerned, from the last century. The need for it to be reformed is thus undeniable. Based on the different attempts at reform carried out since the establishment of democracy, the Government has prepared a bill submitted for discussion and approval by the both Chambers. Thus, it must explain, even though briefly, the criteria on which it is based, even though these may easily be deduced from reading its text.
  • Criminal Code

    Criminal Code

    2010 Colección: Traducciones del derecho español Edita: Ministerio de Justicia- Secretaría General Técnica NIPO: 051-11-004-3 Traducción jurada realizada por: Clinter Traducciones e Interpretaciones, S.A. Maquetación: Subdirección General de Documentación y Publicaciones ORGANIC ACT 10/1995, DATED 23RD NOVEMBER, ON THE CRIMINAL CODE. GOVERNMENT OFFICES Publication: Official State Gazette number 281 on 24th November 1995 RECITAL OF MOTIVES If the legal order has been defined as a set of rules that regulate the use of force, one may easily understand the importance of the Criminal Code in any civilised society. The Criminal Code defines criminal and misdemeanours that constitute the cases for application of the supreme action that may be taken by the coercive power of the State, that is, criminal sentencing. Thus, the Criminal Code holds a key place in the Law as a whole, to the extent that, not without reason, it has been considered a sort of “Negative Constitution”. The Criminal Code must protect the basic values and principles of our social coexistence. When those values and principles change, it must also change. However, in our country, in spite of profound changes in the social, economic and political orders, the current text dates, as far as its basic core is concerned, from the last century. The need for it to be reformed is thus undeniable. Based on the different attempts at reform carried out since the establishment of democracy, the Government has prepared a bill submitted for discussion and approval by the both Chambers. Thus, it must explain, even though briefly, the criteria on which it is based, even though these may easily be deduced from reading its text.
  • Constitutional Court Judgment No. 235/2007, of November 7 (Unofficial Translation)

    Constitutional Court Judgment No. 235/2007, of November 7 (Unofficial Translation)

    Constitutional Court Judgment No. 235/2007, of November 7 (Unofficial translation) The Plenum of the Constitutional Court comprising the Senior Judges María Emilia Casas Baamonde, President, Guillermo Jiménez Sánchez, Vicente Conde Martín de Hijas, Javier Delgado Barrio, Elisa Pérez Vera, Roberto García-Calvo y Montiel, Eugenia Gay Montalvo, Jorge Rodríguez- Zapata Pérez, Ramón Rodríguez Arribas, Pascual Sala Sánchez, Manuel Aragón Reyes and Pablo Pérez Tremps, has ruled IN THE NAME OF THE KING J U D G M E N T In the question of unconstitutionality number 5152-2000 raised by Section Three of the Provincial Court of Barcelona, in respect of article 607, paragraph two of the Criminal Code. The State Attorney in official representation and the State Public Prosecutor entered an appearance in these proceedings. The opinion of the Court was expressed by Eugeni Gay Montalvo as Rapporteur Conclusions of Law 1. The Third Section of the Provincial Court of Barcelona has raised the question of unconstitutionality with respect to paragraph two of article 607 of the Penal Code, according to which, "dissemination through any medium of ideas or theories which deny or justify the offences classified in the previous paragraph of this article, or which attempt to rehabilitate systems or institutions which harbour practices which generate such crimes shall be punished with a sentence of one to two years prison ". The crimes referred to in the aforementioned precept are those of genocide, defined by art. 607.1 of the PC as conduct guided by the intention to destroy totally or partially a national, ethnic, racial or religious group by perpetrating any of the following acts: 1) killing any of their members; 2) sexually molesting any of its members or causing any of the injuries established in art.
  • General Assembly Distr.: General 30 November 1999

    General Assembly Distr.: General 30 November 1999

    United Nations A/AC.254/22 General Assembly Distr.: General 30 November 1999 Original: English Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime Sixth session Vienna, 6-17 December 1999 Analytical study on serious crime Report by the Secretariat I. Introduction 1. At its second session, held in Vienna from 8 to 12 March 1999, the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime requested the Secretariat to carry out an analytical study on provisions of national laws V.99-90212 (E) A/AC.254/22 concerning serious offences punishable by deprivation of liberty, in relation to article 2 bis (b) of the draft Convention (see A/AC.254/11, para. 18). Pursuant to that request, the Secretariat asked States to provide information on the following: (a) What provisions were contained in their national laws relevant to the draft Convention concerning offences punishable by deprivation of liberty, with an indication of the number of years of imprisonment; (b) Whether their legislation qualified offences as serious and, if so, what criteria were used for such qualification and which crimes fell into that category. 2. As at 15 October 1999, the Secretariat had received responses from 45 States. The present analytical study is based on the information provided by those States. II. Analysis A. National laws concerning offences punishable by deprivation of liberty 3. In response to the first question, many States listed examples of offences punishable by deprivation of liberty and provided information on the number of years of imprisonment imposed for such offences.
  • NATIONAL LEGAL MEASURES to COMBAT RACISM and INTOLERANCE in the MEMBER STATES of the COUNCIL of EUROPE SPAIN, Situation As of 1

    NATIONAL LEGAL MEASURES to COMBAT RACISM and INTOLERANCE in the MEMBER STATES of the COUNCIL of EUROPE SPAIN, Situation As of 1

    NATIONAL LEGAL MEASURES TO COMBAT RACISM AND INTOLERANCE IN THE MEMBER STATES OF THE COUNCIL OF EUROPE SPAIN, Situation as of 1 December 2004 General Overview Preliminary Note: this table is accompanied by an explanatory note COUNTRY: Constitutional Specific Criminal Law Civil and SPAIN provisions legislation Administrative Law Norms Yes. No. Yes. Yes. concerning Art. 1.1, Art. See Estatuto de discrimination 10, Art. 13, los in general Art. 18. Trabajadores, Law n° 8/88 of 7 April 1988. Norms Yes. No. Yes. No. concerning Art. 14 Const. Arts. 137 bis, racism 165, 181 bis, 173.4 Criminal Code. Relevant Yes. No. No. No. jurisprudence EXPLANATORY NOTE SPAIN / GENERAL OVERVIEW Today, the main problems concerning discrimination loom affect two groups: Romany and foreigners who have immigrated from third world states, particularly the Maghreb and sub-Saharan Africa. There have also been a number of anti-Semitic offences. In November 1992, after the murder of a Dominican national, the national government, together with the government of Catalunia and Murcia, issued declarations condemning all forms of racism and xenophobia. The Spanish Senate and the Cortes of Valencia issued similar declarations on 22 March 1994, after a young Valencian nationalist was murdered for racist motives in 19941. The NGO “SOS Racisme” has deplored the fact that never in its nine years of monitoring cases of discrimination in Spain had it noted such serious instances of this phenomenon as in 2003. The organisation complains in particular about the spread of Islamophobia after the terrorist attacks on 11 March 2004. In its Report on Racism in Spain for 20042, this NGO sounds the alarm and proposes vigorous action against the racist and xenophobic attitudes that have resulted from the attacks.
  • ANNUAL REPORT 2013 - Romania

    ANNUAL REPORT 2013 - Romania

    ANNUAL REPORT 2013 - Romania Authors: Silvia-Antoaneta Berbec (Ch. 1, 2, 9.3 and 9.5) Ágnes Csonta (Ch. 3) Mihaela Manole (Ch. 4) Iustina Ionescu (Ch. 5, 6 and 9.4) Delia Niţă (Ch. 7 and 10) Adela Dumbrăvan (Ch. 8, 9.1 and 9.2) Georgiana Fusu Plăiaşu (Ch. 11) Senior Expert: Lucian Bojin National Focal Point: Centre for Legal Resources The collection of data and information contained in this report were commissioned in 2013 by the European Union Agency for Fundamental Rights as background material for the Agency’s comparative analysis that feeds into its annual report. All opinions and views expressed in this report are those of the authors and do not represent in any way the official position of the FRA. The FRA Annual report: Fundamental rights: challenges and achievements in 2013 is available online at: www.fra.europa.eu 1 1 ASYLUM, IMMIGRATION AND INTEGRATION 1.1 Monitoring of forced returns The 2011 amendments1 to the Aliens Act2 provided that national and international organizations and entities in the field of migration will have the possibility of monitoring the removal of aliens from the national territory.3 The general legal provisions in the field specify the categories of aliens who can be placed in public custody (administrative detention) until their removal from the territory4, what is the maximum period of public custody as well as the conditions for judicial control of the public custody measure,5 the requirements for granting a temporary permission to remain in Romania (known as toleration),6 and the rights of aliens in public custody.7 The monitoring system of forced returns established in 2011 by the NGO Romanian National Council for Refugees (NRCR) (Consiliul Naţional Român pentru Refugiaţi, CNRR) continued under the project “Improving the implementation and monitoring of forced returns“ until June 2013.
  • Space Ii - 2018

    Space Ii - 2018

    Persons under the supervision of Probation Agencies SPACE II - 2018 Marcelo F. Aebi Yuji Z. Hashimoto Strasbourg, 20 December 2018 pc-cp\space\documents\pc-cp (2018)13 PC-CP (2018) 13 Updated on 21 May 2019 This report has been written by Marcelo F. Aebi and Yuji Z. Hashimoto on behalf of the Council for Penological Cooperation (PC-CP) of the Council of Europe, Strasbourg, France. The report has been prepared under a contract with the Action against Crime Department, Information Society and Action against Crime Directorate, DGI - Directorate General Human Rights and Rule of Law of the Council of Europe. It has also received support from the University of Lausanne, Switzerland. Country based information on persons under the supervision of Probation Agencies was collected through the SPACE II 2018 questionnaire (Ref: PC-CP (2018) 13) and analysed by the authors of this report. The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. Cover picture: Migrant European Robin (Erithacus rubecula), by Lucas Nicolás Muñoz. ©Lucas Nicolás Muñoz. Reproduction authorized for this publication by the author. Suggested citation [APA norms]: Aebi, M. F., & Hashimoto, Y. Z. (2018). SPACE II – 2018 – Council of Europe Annual Penal Statistics: Persons under the supervision of Probation Agencies. Strasbourg: Council of Europe © Council of Europe & University of Lausanne, 2018 Reproduction is authorised, except for commercial purposes, provided that the source is acknowledged. Council of Europe Annual Penal Statistics – SPACE II – 2018 1 FINAL DRAFT REPORT: NOT FOR CIRCULATION – UNDER EMBARGO UNTIL 21 MAY 2019 Key points of SPACE II 2018 The participation rate in the 2018 SPACE II Survey was satisfactory: 44 out of the 52 Probation Agencies (or equivalent institutions) of the 47 Council of Europe Member States answered the questionnaire.
  • An Approach to the Crime of Theft and Its Connection with the Civil Theory of Possession

    An Approach to the Crime of Theft and Its Connection with the Civil Theory of Possession

    Journal of Social Sciences and Humanities Vol. 1, No. 4, 2015, pp. 361-367 http://www.aiscience.org/journal/jssh An Approach to the Crime of Theft and Its Connection with the Civil Theory of Possession Doinel Dinuică 1, Mioara-Ketty Guiu 2, * 1Faculty of Law and Public Administration, “Spiru Haret” University, Bucharest, Romania 2Faculty of Law and Public Administration, Spiru Haret University, Research Associate of “Acad, Andrei Rădulescu” Legal Research Institute of Romanian Academy, Bucharest, Romania Abstract Contrary to appearances, the crime of theft raises many complex and difficult issues, most of which have not yet been settled. Almost all essential aspects related to this crime are controversial: its definition, legal object or protection purpose, the limitation period, its delimitation from other similar crimes (such as the crime of breach of trust) etc. One of the reasons of this failure is the so-called “subjective theory of possession” which continues to dominate the civil doctrine and to have a negative influence on the analysis of the crimes against patrimony, in general, and the crime of theft, in special. It is for this reason that the authors of the present paper have endeavoured, firstly, to develop a different theory of possession, an objective one, according to which possession and detention are not “facts as such” but specific prerogatives of the patrimonial rights which differ between themselves by content (possession implies detention, but its content is much broader). Then, starting from this point, the authors have set as their purpose to offer new answers regarding the controversial issues related to the crime of theft (for example, they consider that the theft ensures protection only to legal detention thus, there is no crime of theft if the good is taken from a thief).
  • 8 Edition of International Conference

    8 Edition of International Conference

    DANUBIUS UNIVERSITY OF GALATI, ROMANIA UNIVERSITY OF CAMERINO, ITALY 8th Edition of International Conference The European Integration – Realities and Perspectives PROCEEDINGS 2 0 1 3 Danubius University Press Galati ISSN 2067-9211 8th Edition of International Conference The European Integration – Realities and Perspectives. Proceedings 2013 © All rights reserved by the authors The selected articles cannot be given for publication to other journals. The quality of the articles is ensured by a blind review process with minimum four (4) national and international reviewers. Publication frequency: 1 issue per year Contact data Address: 3 Galati Boulevard, 800654 Galati, Romania E-mail: [email protected] Website: www.proceedings.univ-danubius.ro Telephone: +4 0372 361 140 Information about the Publishing House Danubius University Press 3 Galati Boulevard, 800654 Galati, Romania Telephone: + 4 0372 361 140 Fax: + 4 0372 361 294 Website: www.editura.univ-danubius.ro Email: [email protected] [email protected] The journal is financed by Danubius University of Galati, Romania Website: www.univ-danubius.ro Cover: Doru Trandafir Printed at Zigotto Printing House, Galati, Romania Gestrom, Galati, Romania Price per volume: 60 Euro 2 ORGANIZING COMMITTEES General Co-Chairs Andy Pusca, Danubius University, Romania Flavio Corradini, University of Camerino, Italy International Program Committee Benone Pusca, Danubius University, Romania Yvon Pesqueux, Conservatoire National des Arts et Métiers, France Emanuele Felice, University
  • 308 Final COMMISSION STAFF WORKING DOCUMENT 2020 Rule

    308 Final COMMISSION STAFF WORKING DOCUMENT 2020 Rule

    EUROPEAN COMMISSION Brussels, 30.9.2020 SWD(2020) 308 final COMMISSION STAFF WORKING DOCUMENT 2020 Rule of Law Report Country Chapter on the rule of law situation in Spain Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2020 Rule of Law Report The rule of law situation in the European Union {COM(2020) 580 final} - {SWD(2020) 300 final} - {SWD(2020) 301 final} - {SWD(2020) 302 final} - {SWD(2020) 303 final} - {SWD(2020) 304 final} - {SWD(2020) 305 final} - {SWD(2020) 306 final} - {SWD(2020) 307 final} - {SWD(2020) 309 final} - {SWD(2020) 310 final} - {SWD(2020) 311 final} - {SWD(2020) 312 final} - {SWD(2020) 313 final} - {SWD(2020) 314 final} - {SWD(2020) 315 final} - {SWD(2020) 316 final} - {SWD(2020) 317 final} - {SWD(2020) 318 final} - {SWD(2020) 319 final} - {SWD(2020) 320 final} - {SWD(2020) 321 final} - {SWD(2020) 322 final} - {SWD(2020) 323 final} - {SWD(2020) 324 final} - {SWD(2020) 325 final} - {SWD(2020) 326 final} EN EN ABSTRACT The Spanish justice system is facing challenges concerning its efficiency, with increasingly lengthy court proceedings. To address this issue, a new Code of Criminal Procedure aiming at accelerating criminal proceedings is in preparation, as well as a draft law on procedural and technological measures. The use of electronic means is well established in the justice system and further improvements are being implemented, while certain issues remain, especially regarding the interoperability among the systems used in different regions of the country. The situation of the Judicial Council is another challenge, in particular given that its new members have not yet been appointed.
  • Convention on the Rights of the Child

    Convention on the Rights of the Child

    UNITED NATIONS CRC Convention on the Distr. GENERAL Rights of the Child CRC/C/65/Add.19 5 July 2002 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Periodic reports of States parties due in 1997 ROMANIA* [18 January 2000] * For the initial report submitted by the Government of Romania, see document CRC/C/3/Add.16, for its consideration by the Committee see documents CRC/C/SR.120-122 and for the concluding observations, see document CRC/C/15/Add.16 GE.02-43077 (E) 080802 CRC/C/65/Add.19 page 2 CONTENTS Paragraphs Page I. GENERAL IMPLEMENTATION MEASURES ........................ 1 - 51 5 II. THE DEFINITION OF A CHILD (art. 1)..................................... 52 - 53 13 III. GENERAL PRINCIPLES ............................................................ 54 - 120 18 A. Non-discrimination (art. 2) ............................................... 54 - 77 18 B. Best interests of the child (art. 3) ...................................... 78 - 97 22 C. Right to life, survival and development (art. 6) ................ 98 - 107 30 D. Respect for the views of the child (art. 12) ....................... 108 - 120 32 IV. CIVIL RIGHTS AND FREEDOMS ............................................ 121 - 182 34 A. Name and nationality (art. 7) ............................................ 121 - 129 34 B. Preservation of personal identity (art. 8) .......................... 130 - 136 36 C. Freedom of expression (art. 13) ........................................ 137 - 139 37 D. Freedom of thought, conscience and religion (art. 14) ..... 140 - 144 38 E. Freedom of association and peaceful assembly (art. 15) ............................................................................. 145 - 152 39 F. Protection of privacy (art. 16) ........................................... 153 - 160 41 G. Access to appropriate information (art. 17 ) ..................... 161 - 167 42 H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment (art.
  • Spain: Speech Related Offences of the Penal Code March 2020 Spain: Speech Related Offences of the Penal Code, March 2020

    Spain: Speech Related Offences of the Penal Code March 2020 Spain: Speech Related Offences of the Penal Code, March 2020

    Spain: Speech related offences of the Penal Code March 2020 Spain: Speech related offences of the Penal Code, March 2020 Executive summary In March 2020, ARTICLE 19 analysed a number of speech related offences of the Spanish Penal Code for their compliance with international human rights law. ARTICLE 19 has found that the Penal Code contains a number of provisions that are extremely broad and vague and can be used to restrict expression. In particular: Provisions criminalising “terrorism” and the “glorification” or “incitement” thereof, as well as the criminalisation of accessing “online terrorist content.” These provisions were amended in 2019 in order to transpose Spain’s obligations under the EU Directive 2017/541 on combating terrorism; however, they are still overly broad and fail to include crucial elements to comply with international human rights law. Provisions on different types of ‘hate speech’ that do not sufficiently distinguish between the severity of the expression and its impact to adequately determine proportionate sanctions that comply with both Article 20(2) and 19(3) of the International Covenant on Civil and Political Rights (ICCPR). Provisions providing protection to a wide range of State institutions and public officials from offence and insults, notwithstanding that such abstract entities are not rights-holders under international human rights law. Additionally, ARTICLE 19 is concerned about the application of these provisions to target political and artistic expression. ARTICLE 19 urges the Spanish National Government and Parliament (Cortes Generales) to undertake a substantial reform of the Penal Code to put it in line with international standards on freedom of expression.