3 Criminal Procedure in Transition : Observations on Legal Transplantation and Italy ’ s Handling of the Amanda Knox Trial
نویسنده
چکیده
Some important developments have occurred since April 2014, when I first submitted this article for publication. Because the two-volume set of Festschrift contributions in which this article was recently published is not available online, I have decided (with permission of those involved in the Festschrift) to have my own article posted on the website of the University of Kansas Law School (www.law.ku.edu). As will be apparent to readers, my principal aim in the article is to draw attention to some difficulties of “legal transplantation” in the specific area of criminal procedure. Although I am not aware of any changes bearing on the overall themes that I discuss in the article, there have been some noteworthy developments in the criminal case that I touched on briefly in the last third of the article – the rather notorious Amanda Knox murder case. Without delving deeply into details, I would like to offer a few observations regarding those recent developments.
منابع مشابه
Legal and Ethical Principles of Lawyer Interference in the Criminal Procedure Process
Background: Advocacy is one of the most important institutions that can play a constructive role in the process of achieving justice. The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and the prevention of encroachments and violations of citizens' rights. The necessity and importance of the right of defense have made it possible for advanced legal an...
متن کاملCriminal Challenges of Removal of Organs from Living Donors for Transplantation
Organ transplantation in Iran like many other countries is accepted as the last therapeutic method for patients with end-stage organ failure. Sources of transplantable organs include living and deceased/brain dead donors, among which a considerable number of organs for transplant are obtained from living donors. Removal of organs from deceased and brain dead donors for transplantation is allowe...
متن کاملProcedure Governing the Crimes of Legal Persons in the Preliminary Investigation Stage in Iranian and French Law
Article 143 of the Islamic Penal Code has anticipated criminal liability of legal persons. Since investigation of the crimes committed by these persons requires the existence of a criminal procedure relative to their nature, following the French law, the Code of Criminal Procedure has established rules by allocating a separate section. The specific provisions codified by the legislator in the C...
متن کاملVictims\' Law Seen from the Perspective of Fair Trial and Ethics in the Criminal Procedure Code of 2013 and the International Criminal Court Statute
Background: With the idea of victim protection emerging and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process has been restored and its findings expressed in the form of universal standards for victim protection. Support for the victim is indispensable and indisputable in criminal proceedings. This support has various ...
متن کاملEthics Governing Criminal Policy in the Islamic Legal System
Background: Islam as a comprehensive religion rooted in human nature and revealed in order to respond to basic human needs has broadened the ethics of its criminal policy to include crime, crime and punishment. In keeping with each other and with the other rules of this religion, it has set guidelines and values based on ethics and principles for avoiding crime in the community if the Prophet...
متن کامل