The past 20 years of criminal law and practice have produced much heat but little light on the issue of when, if ever, the accused in a criminal case can legitimately seek disclosure of a victim's privileged files that exist exclusively in the custody of a private third party. In many jurisdictions, forced disclosure is routine, and victims must choose between justice and privacy, resulting in ...

ABSTRACT∞ This article addresses what the increased role of strategic litigation and universal jurisdiction for serious international crimes in domestic courts means criminal justice by exploring opportunities risks as well implications field. A number key overlapping countervailing trends stand out: (i) a growing landscape where legal systems are playing larger roles; (ii) constantly prolifera...

This paper examines the possibilities of criminally prosecuting illegal fishing in maritime zones based on crimes established Spanish legislation. In order to carry out this analysis, a distinction has been made between prosecution place which acts are committed (ratione loci), who is responsible for illicit activity personae), and criminal relevance incriminating conduct materiae). reveals sco...

At the International War Crimes Tribunal for the Former Yugoslavia (ICTY), a detention camp guard, charged with acts of murder and torture, advanced a plea of diminished responsibility. Defense psychiatrists testified that he had a personality disorder that influenced his ability to control his behavior, but a prosecution expert testified that the guard did not meet Diagnostic and Statistical M...