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In: Effective Protection of the Rights of the Accused in the EU Directives

The legal philosophy of the 20th century has contributed to the development of international criminal law by rethinking fundamental legal concepts and theories concerning the nature of international law, its relation with national laws, the connection between the law and the State, and the very idea of responsibility. This was achieved, in the first place, through the reflection of Hans Kelsen, who put forward the idea of a system of enforceable criminal norms at the international level, directed at individuals and having a positive legal foundation. In the years immediately following the Second World War, a number of legal theorists and, in particular, Gustav Radbruch, argued in favour of a necessary connection between law and morality, on whose basis it could be claimed that the worst atrocities were punishable even when allowed by state norms, and even in the absence of positive international norms. In the last decade, the practice of international criminal law, through ad hoc tribunals and the International Criminal Court, has stimulated theoretical reflections on a variety of further fundamental issues, like impartiality, judicial truth, justification of punishment, side-effects of prosecution and transitional justice.

In: International Criminal Law Review
In: Effective Protection of the Rights of the Accused in the EU Directives
A Computable Approach to Criminal Procedure Law
The volume presents an innovative analysis of defence rights in EU criminal proceedings through the lens of a computational approach to the law. This multi-level research tackles both EU law and national legislation, as well as case-law on defence rights in criminal proceedings.
The comparative analysis on procedural safeguards is integrated by legal informatics, that led to the translation into computable language of the relevant EU and national legislation.
Such multidisciplinary approach allows, through a semiautomated technology, to better highlight potentially uncovered deficit of the normative texts, and to enhance comparative analysis of legal systems.
The breakthrough perspective brings a novel viewpoint to the debate on criminal procedure rights, shading light on the potential emerging from the interaction between criminal law and technology.