Towards Coherence In Criminal Justice

Table Of Contents

• Cover
• Half Title
• Title
• Copyright
• Contents
• Preface
• Introduction: What is the Role of Coherence in Criminal Justice?
• The Characterization of Coherence in Law
• Coherence Between National, International, and EU Law
• Challenges to the Coherence of Criminal Law in the EU
• Research Object
• Research Aim and Objectives
• Research Methodology
• Limitations
• The Structure of the Book
• References
• Part I: The Search for Coherence in Substantive Criminal Law
• The Gray Area in the Concept of Human Trafficking: Between the Text of the Law and the Purpose of Criminalization
• Human Trafficking as a Legal Concept
• The Problem of Defining the Content of Exploitation
• The Limitlessness of the Concept of Abuse of a Position of Vulnerability
• Interim Findings
• References
• The Search for Legal Coherence in the Criminalization or Decriminalization of Drug Possession
• Factors Influencing Drug Use
• Causes of Drug Criminalization
• A Brief History of Drug Prohibition
• Factors Influencing Drug Categorization and Quantification in Europe
• Consequences of the Criminalization of Narcotic Drugs
• The Health-Oriented Decriminalization of Drugs
• Interim Findings
• References
• Coherence in Criminal Policy for Offenses Against Justice That Obstruct the Investigation of a Case
• The System of Offenses Against Justice in the Criminal Code of the Republic of Lithuania and Its Coherence
• Criminal Liability for Offenses Against Justice in the United Kingdom and the United States of America
• Punishing crimes of perverting the course of justice in the UK
• Punishing Obstruction of Justice Crimes in the USA
• Sentencing for Crimes Against Justice in Lithuanian Case Law
• Sentencing for Separate Crimes Against Justice
• The Impact of the Process of Combining Sentences on Punishing Crimes Against Justice
• Interim Findings
• References
• The Unlawful Stalking of a Person
• Stalking as a Dangerous Form of Human Behavior and the Justification for Its Criminalization
• Indications of Stalking
• Types of Definitions of Stalking
• The Regulation of Stalking Actions in Lithuania
• Interim Findings
• References
• Administrative and Criminal Liability: Toward Sustainability
• Administrative Liability as a Separate Type of Responsibility
• Administrative Liability in Different European Countries
• Administrative and Criminal Liability According to Lithuania’s Regulations
• Researchers’ Opinions on the Difference Between Criminal and Administrative Sanctions
• The Criteria for Determining Administrative and Criminal Liability in the Case Law of Various Courts
• The Relevance of the Application of the non bis in idem Principle for the Qualification of Administrative and Criminal Liability
• Interim Findings
• References
• Standards for the Coherent Application of the Principles of Criminal Jurisdiction in Relation to Criminal Acts Committed by Lithuanian Citizens and Persons Permanently Resident in Lithuania Outside the Territory of Lithuania
• General Remarks
• The Place of Commission of a Criminal Act and Its Relevance for the Coherent Application of the Principles of Criminal Jurisdiction
• The Concept of the Flag Principle and the Possibilities of Its Application to Criminal Acts Committed Abroad by Lithuanian Citizens and Persons Permanently Resident in Lithuania
• The Content and Possibilities of the Application of the Universal Principle in Relation to Criminal Acts Committed Abroad by Lithuanian Citizens and Persons Permanently Resident in Lithuania
• Guidelines for the Coherence of the Universal Principle with the Flag Principle and the Active Personality Principle
• Problems and Solutions for the Application of the Dual Criminality Clause to Criminal Offenses Committed Abroad by Lithuanian Citizens and Persons Permanently Resident in Lithuania
• Interim Findings
• References
• Part II: The Transformation of Criminal Procedure Law in the Context of Coherence
• The E-Evidence “Movement” in European Union Criminal Justice: Toward or Beyond Coherence?
• Cross-Border Access to Electronic Evidence Within the European Union: Reasons and Regulatory Background
• The Relationship Between the European Investigation Order and the Regulation on Electronic Evidence
• The Issue of the Admissibility of Electronic Evidence
• Interim Findings
• References
• Electronic Evidence in Criminal Proceedings
• General Remarks
• The Concept of Proof-Taking Activity and the Assessment of Evidence in Criminal Proceedings
• The Concept of Evidence: The Identification of Electronic Evidence
• The Requirements Applicable to Evidence
• The Specifics of Electronic Evidence: The Justification of the Reliability of Electronic Evidence
• Interim Findings
• References
• Evidence in a Non-Conviction-Based Confiscation Procedure
• General Remarks
• General Requirements for the Process of Proof of NCB Confiscation
• The Lower Standard of Proof in the Application of NCB Confiscation: A Balance of Probabilities and/or a Reversed Burden of Proof
• Interim Findings
• References
• Subjective Threats to the Free Evaluation of Evidence: Toward a More Coherent Legal Regulation
• Manifestations of Intuitive Factors in the Process of Free Evaluation of Evidence
• Confirmation Bias
• Hindsight Bias
• Availability Heuristic
• Possibilities to Minimize Biases
• Interim Findings
• References
• The Trial of a Criminal Case in an Appellate Court Hearing A Written or Oral Procedure in the Context of the Right to a Fair Trial
• The Right to a Fair Trial and the Choice of Procedure
• The Possibilities of a Written Procedure in Criminal Proceedings in the Appellate Court
• Interim Findings
• References
• Coherence Between the Model of Remote Criminal Proceedings and the Standards Under Article 6 of the European Convention on Human Rights: The Reality of Threats to a Fair Trial
• General Remarks
• The Interaction Between Strict Procedural Rules and the Changing Context of Technological Progress
• Encouragements, Warnings, and Boundaries Set by the European Court of Human Rights
• The Example of Lithuania: Coherence Between Regulation and Practice
• Interim Findings
• References
• Conclusions
• Part I. The Search For Coherence in Substantive Criminal Law
• Part II. The Transformation of Criminal Procedure Law in Context of Coherence
• Summary
• Index