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Italy: New Law Making Torture a Crime

(Sept. 20, 2017) On July 18, 2017, new legislation creating the crime of torture entered into effect in Italy. (Law No. 110 of July 14, 2017, Introduction of the Crime of Torture in the Italian Legal System (Law No. 110), GAZZETTA UFFICIALE  (July 18, 2017) (in Italian).) To effect this change, the new legislation introduces articles […]

Germany: Expanded Telecommunications Surveillance and Online Search Powers

(Sept. 7, 2017) On August 24, 2017, a controversial amendment to the German Criminal Code of Procedure entered into force in Germany that expanded the powers of law enforcement agencies to conduct online searches and source telecommunications surveillance (called a “State Trojan”). (Gesetz zur effektiveren und praxistauglicheren Ausgestaltung des Strafverfahrens [Act to Make Criminal Proceedings More Effective […]

China: Judicial Interpretation on Infringement of Personal Information Released

(Sept. 1, 2017) In May 2017, China’s Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP, the prosecutor) released a judicial interpretation on infringement of personal information in criminal cases. Effective June 1, 2017, the interpretation defines the scope of personal information under the Criminal Law of the People’s Republic of China (PRC) and […]

Argentina: New Restrictions on Early Release and Other Former Dispensations Accorded Violent Criminals

(Aug. 9, 2017) On July 28, 2017, Law 27375 was promulgated to amend Law 24660 on the Execution of Criminal Sentences, prohibiting the early or conditional release or periodic exit from prison of criminals convicted of violent crimes, whether committed individually or with an organized group, such as aggravated homicide, sexual assault, kidnapping resulting in […]

Netherlands: Two New Laws and Decree on Right of Access to a Lawyer

(July 7, 2017) On March 1, 2017, two new laws and a decree, all related to the right of access to a lawyer before and during police questioning of a suspect, entered into force in the Netherlands. (Legislation Access Lawyer During Police Questioning in Force, Ministry of Security and Justice website (Feb. 27, 2017).) A […]

Sweden: Swedish Prosecutors Discontinue Assange Investigation

(June 2, 2017) On May 19, 2017, the Swedish Director of Public Prosecution, Marianne Ny, announced that she had discontinued the investigation into the alleged rape committed by Julian Assange against a woman in Sweden. (Press Release, Swedish Prosecution Authority, The Investigation Against Julian Assange Is Discontinued (May 19, 2017); Beslut [Decision], Case AM-131226-10, Swedish […]

Australia: Bail Presumption Reversed for Domestic Violence Cases in Queensland

(Apr. 14, 2017) On March 30, 2017, the Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld) received assent, following its passage by the Queensland Parliament on March 22. (Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld), Queensland Legislation website; Gail Burke, Domestic Violence Laws: Alleged Offenders Have to Prove Why They Should Get […]

Japan: Supreme Court Rules GPS-Based Investigation Requires Warrant

(Mar. 21, 2017) On March 15, 2017, the Supreme Court of Japan issued a judgment in a theft case that involved a police investigation using global positioning system (GPS) terminals they attached to the suspects’ cars; the investigation was conducted without warrants.  (Heisei 28 (a) 442 (S. Ct., Mar. 15, 2017), Courts of Japan (in Japanese).)  […]