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Italy: Protection of Minors Orphaned by Domestic Violence

(Feb. 28, 2018) On February 16, 2018, new legislation on the protection of minors orphaned by domestic violence crimes entered into force in Italy. (Law No. 4 of January 11, 2018, Amendments to the Civil Code, Criminal Code, Code of Criminal Procedure and Other Provisions for the Benefit of Children Orphaned by Domestic Violence Crimes) […]

Japan: Supreme Court Says Pretense of Being Deceived Did Not Affect Responsibility for Attempted Fraud

(Jan. 11, 2018) On December 11, 2017, Japan’s Supreme Court rendered a decision in a fraud case in which the victim cooperated with the police investigation after she realized the fraud had occurred. (Sup. Ct., Case No. 2017 (a) 1079 (Dec. 11, 2017) (click characters beside PDF icon at the bottom) (in Japanese).) In this […]

Taiwan: Proposal to Grant Witnesses Right to Legal Assistance During Questioning

(Jan. 9, 2018) On December 22, 2017, two members of Taiwan’s legislature, John Wu and Lin Wei-chou of the Nationalist Party (Kuomintang, KMT), made public at a news conference a proposed draft amendment to Taiwan’s Code of Criminal Procedure that would give witnesses who are being questioned by prosecutors or investigators the right to have […]

Italy: New Law to Combat Organized Crime Takes Effect

(Jan. 3, 2018) On November 19, 2017, new legislation to combat criminal activities of the Mafia (organized crime) entered into force in Italy. (Law No. 161 of October 17, 2017, Amending the Code of Anti-Mafia Legislation and Protection Measures Under Legislative Decree No. 159 of September 6, 2011, the Penal Code, the Implementing, Coordinating, and […]

Italy: New Legislation on International Judicial Cooperation in Effect

(Dec. 6, 2017) On October 31, 2017, comprehensive new legislation on extradition and other forms of international judicial cooperation entered into effect in Italy. (Legislative Decree No. 149 of October 3, 2017, Provisions Amending Book XI of the Code of Criminal Procedure on Jurisdictional Relations with Foreign Authorities (L.D. No. 149), GAZZETTA UFFICIALE (Oct. 16, […]

European Union: Twenty Member States Create European Public Prosecutor’s Office

(Oct. 25, 2017) On October 12, 2017, the 20 European Union (EU) Member States that had agreed to establish a European Public Prosecutor’s Office (EPPO) within the framework of enhanced cooperation adopted a regulation that establishes the EPPO. The EPPO will be in charge of investigating, prosecuting, and bringing to justice the perpetrators of, and […]

Thailand: New Law Impacts Former Prime Minister’s Appeal Against Conviction

(Oct. 24, 2017) After a trial lasting more than two years, a Bangkok court found the former Prime Minister of Thailand, Yingluck Shinawatra, guilty of dereliction of duty and handed down a five-year prison term on September 27, 2017. The Court found that the Yingluck administration’s rice pledging deals were not managed properly and caused […]

Israel: Protection of Children in Criminal Investigations and Trials

(Oct. 16, 2017) On July 24, 2017, the Knesset (Israel’s parliament) passed the Evidence (Protection of Children) (Amendment No. 17) Law, 5777-2017 (Amendment Law) (SEFER HAHUKIM [BOOK OF LAWS, official gazette, SH] 5777 No. 2656 p. 1106, available at KNESSET NATIONAL LEGISLATION DATABASE (in Hebrew).)  The Law amends the Evidence (Protection of Children) Law, 5715-1955. […]

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 […]