Transfer of Criminal Procedure
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Beschreibung
This book delivers a comprehensive, in-depth study of the transfer of criminal proceedings, positioning it as an essential instrument of international legal cooperation and transnational criminal justice in an era of cross-border crime. It explains how transferring criminal cases between jurisdictions strengthens the efficiency of justice, safeguards fundamental rights, and upholds the ne bis in idem principle, ensuring no individual is tried twice for the same offense. By concentrating proceedings in the most appropriate jurisdiction, the mechanism reduces duplication, closes prosecution gaps, and builds mutual trust among states while respecting state sovereignty and advancing global justice and human rights. The book offers a clear, practical comparison between transfer of proceedings and other cooperation tools—including extradition, mutual legal assistance, spontaneous transmission of information and transfer of enforcement of sentences—highlighting the unique advantages of international cooperation in criminal matters and the legal frameworks that support it. Rare in scope and depth, it combines theoretical foundations with real-world applications, addressing a significant gap for legal professionals, prosecutors, judges, academics, and students of criminal law and procedure who navigate the complexities of international prosecution, evidence law, and comparative criminal procedure. As a forward-looking roadmap for policymakers and practitioners, this publication demonstrates why the transfer of proceedings is more than a technical tool: it is a cornerstone for combating globalized crime, avoiding impunity, and ensuring fair, effective, and rights-based outcomes across legal systems.
This book delivers a comprehensive, in-depth study of the transfer of criminal proceedings, positioning it as an essential instrument of international legal cooperation and transnational criminal justice in an era of cross-border crime. It explains how transferring criminal cases between jurisdictions strengthens the efficiency of justice, safeguards fundamental rights, and upholds the ne bis in idem principle, ensuring no individual is tried twice for the same offense. By concentrating proceedings in the most appropriate jurisdiction, the mechanism reduces duplication, closes prosecution gaps, and builds mutual trust among states while respecting state sovereignty and advancing global justice and human rights. The book offers a clear, practical comparison between transfer of proceedings and other cooperation tools—including extradition, mutual legal assistance, spontaneous transmission of information and transfer of enforcement of sentences—highlighting the unique advantages of international cooperation in criminal matters and the legal frameworks that support it. Rare in scope and depth, it combines theoretical foundations with real-world applications, addressing a significant gap for legal professionals, prosecutors, judges, academics, and students of criminal law and procedure who navigate the complexities of international prosecution, evidence law, and comparative criminal procedure. As a forward-looking roadmap for policymakers and practitioners, this publication demonstrates why the transfer of proceedings is more than a technical tool: it is a cornerstone for combating globalized crime, avoiding impunity, and ensuring fair, effective, and rights-based outcomes across legal systems.
Demonstrates why transferring proceedings is a powerful tool for global justice and human rights Shows how this mechanism avoids impunity, duplication, and conflicting prosecutions across borders Offers one of the few worldwide comprehensive guides distinguishing transfer from other cooperation mechanisms
Autor*in
Andrey Borges de Mendonça
Themen in »Transfer of Criminal Procedure«
International Legal Cooperation Transfer of Criminal Proceedings Transnational Criminal Prosecution International Be Bis In Idem Criminal Law and Criminal Procedure Human Rights in Criminal Justice Legal jurisdiction in Transnational Crimes Extradition and Legal Cooperation Justice Administration and Human Rights Combating International and Transnational Crimes Legal Aspects of Globalized Crime Legal Frameworks for Criminal Justice International Legal Instruments and Treaties Transfer of Proceedings and ne bis in idem Criminal justice and Borderless Crimes