课程专业:预防跨国犯罪课程:LEGL921 SUPPLEMENTARY QUESTIONS 2007 Crime and Transnational Financial Transactions
论文作者:51lunwen论文属性:考试题 Examination登出时间:2008-06-10编辑:点击率:5488
论文字数:1139论文编号:org200806101741101020语种:英语 English地区:澳大利亚价格:$ 22
关键词:CrimeTransnational Financial Transactions预防跨国犯罪课程
Questions:
1. What are the differences in nature and geographic scope of prescriptive and enforcement powers over criminal matters?
I. No state may exercise enforcement jurisdiction outside its own territory in the absence of legislative jurisdiction.
II. The mere existence of legislative jurisdiction is insufficient to justify the state to exercise enforcement jurisdiction in another state’s territory.
III. The mere fact that a state can enforce its legislation within its own territory and in this sense has enforcement jurisdiction, does not mean that it necessarily has legislative jurisdiction, and does not therefore render the enforcement valid in public international law.
2. Describe the four legal bases used in international law for extraterritorial prescription of criminal jurisdiction.
I. The Territorial Principle, under which jurisdiction is exercised over crimes committed on the state’s territory.
II. The Nationality Principle, under which jurisdiction is based on the nationality of the perpetrator.
III.The Protective Principle, under which courts posses jurisdiction over crimes committed abroad by nationals or foreigners when the crimes endanger the state’s national interests.
IV. The Universal Jurisdiction, according to which any state is entitled to bring to trial persons accused of international crimes, regardless of the place of commission of the crime, or the nationality of the accused or of the victim.
3. What is the difference in international law between universal and transnational crime?
I. The source of penal norms. UC incurs criminal liability under international law. By contrast, the liability of TC is established by national penal laws.
II. Jurisdiction. UC is subject to universal jurisdiction, while the TC jurisdiction is usually dependant on the terms of a particular suppression convention.
III. Threats and the kinds of society threatened. UC constitutes a threat to the international community or shocks the conscience of humanity. On the other hand, TC poses a threat to shared national interests or cosmopolitan values.
IV. The way of suppression. UC has to be suppressed by humanity acting as a whole. On the contrary, TC requires affected states to act together.
4. Describe two strategies that judges have developed to address international conflicts between national
criminal laws when judging cases concerning transnational crimes.
Firstly, judges would normally refer to treaties and conventions expressly recognized by the states concerned provided that the treaty or convention was not in conflict with jus cogens. Secondly, if there were no treaties or conventions applicable, established customary rules would be consulted.
5. Name three examples of transnational legal cooperation, other than extradition, that mutual legal assistance in criminal matters typically addresses and list three reasons typically used for refusal of extradition requests.
I. A. Effecting service of judicial documents ;
B. Exchanging information on criminal matters.
C. Taking evidence or statements from persons.
II. Extradition is usually not granted in the following circumstance:
A. If the offence for which extradition is requested is regarded as a political offence;
B. If there are grounds to believe the request has been made to prosecute or punish a person on account of that person’s race, religion, nationality, ethnic origin, political opinions, sex or status, or that the person’s position may be preju
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