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Date: April 29, 2024 Mon
Time: 8:18 pm
Time: 8:18 pm
Results for organized crime (bulgaria)
2 results foundAuthor: Yordanova, Maria Title: Countering Organised Crime in Bulgaria: Study on the Legal Framework Summary: The phenomenon of organised crime with its increasingly complicated national and transnational manifestations puts to a test the policies, legislations and lawenforcement capacities of the individual States. The intensifying transnational nature of the offences related to organised crime faces both the international community and the regional unions with a serious challenge. The national diversity and the internationalisation of organised crime require vigorous development of the legal regulation of this phenomenon at the national and international level, so as to cover all possible manifestations of this type of criminal behaviour. The adequate legal framework and its effective implementation are crucial for the achievement of satisfactory results in countering organised crime. The subject of the present publication is an assessment of the criminal legislation in Bulgaria, as well as of legislative provisions beyond criminal law, which are relevant to the fight against organised crime. The first part explores the substantive law on the organised criminal group and the main problems in connection with its definition and its differentiation from other forms of concerted criminal activity. The analysis covers the acts of forming, directing and participating in an organised criminal group as well as the provisions outlining other offences committed upon assignment by or in execution of a decision of such a group. The envisaged penalties and the provisions allowing for more favourable consequences in exchange for voluntary cooperation in the course of the investigation are examined as well. The study focuses on Bulgarian legislation and, at the same time, assesses the conformity of the national legal framework to international standards. The second part discusses the fundamental rules and concepts of criminal procedure law and of other relevant laws, as well as the problems posed by their implementation which impact the effectiveness of the pre-trial authorities and of the court in handling cases of organised criminal groups. The analysis and assessment cover the general legal framework of evidence, means of proof and methods of collecting evidence, the regulation of specific means of proof and methods of collecting evidence, the applicability of special legal concepts (plea bargain agreement, summary procedure etc.) and methods (access to traffic data, measures for remand in organised crime cases etc.). Within this range of issues, prominence is also given to the debate regarding the establishment of a specialised criminal court and prosecutor’s office. The study takes into consideration the opinions and views of judges, prosecutors, investigating magistrates, investigating police officers, lawyers and members of the academic community shared in a number of interviews conducted by the authors of the study. Data in the public domain, information provided by the criminal justice authorities, as well as the available trial and interpretative case law have been used as well. Account is furthermore taken of the positions expressed by other authors in the existing albeit still scanty research papers and publications on the subject. The purpose of this publication is to catalyse a further discussion on improving the legal framework and bringing it into conformity with international standards, as well as taking measures for its more effective implementation while complying with the fundamental principles of criminal procedure and respecting human rights. Details: Sofia, Bulgaria: Center for the Study of Democracy, 2012. 149p. Source: Internet Resource: Accessed August 19, 2013 at: http://www.globalinitiative.net/download/general/europe-russia/CSD_Countering%20Organised%20Crime%20in%20Bulgaria_Study%20on%20the%20Legal%20Framework.pdf Year: 2012 Country: Bulgaria URL: http://www.globalinitiative.net/download/general/europe-russia/CSD_Countering%20Organised%20Crime%20in%20Bulgaria_Study%20on%20the%20Legal%20Framework.pdf Shelf Number: 129666 Keywords: Organized Crime (Bulgaria) |
Author: Gachevska, Katerina Title: Building the new Europe : soft security and organised crime in EU enlargement Summary: This thesis examines the policy and politics of the fight against organised crime in the process of the European Union's enlargement to Eastern Europe and the Balkans. It covers the period between the end of the Cold War in 1989 and the second Eastern enlargement in 2007 which saw the emergence of a new normative base for international relations and the expansion of the international security agenda focusing on 'soft security' issues and threats from weak rather than powerful states. The thesis explores this new 'soft security' thinking and investigates its practical application in EU's policy of building member-states in the New Europe with a focus on the case study of the fight against organised crime in Bulgaria and its EU-guided criminal justice reform. The thesis looks at these developments from both internal and external perspective and focuses on the practicalities of the policy itself such as the development of legislative changes, institutional reform and direct transfer of Western European expertise to Bulgarian institutions. The main findings of the thesis have led to a conclusion which questions the quality and premises of these policies. The thesis argues that the Bulgarian state and the European Union institutions have subscribed to a highly problematic organised crime discourse and agenda which has negatively influenced the quality of their relationship with the Bulgarian electorate. Details: Wolverhampton, UK: University of Wolverhampton, 2009. 300p. Source: Internet Resource: Dissertation: Accessed November 20, 2014 at: http://core.kmi.open.ac.uk/download/pdf/1932919.pdf Year: 2009 Country: Bulgaria URL: http://core.kmi.open.ac.uk/download/pdf/1932919.pdf Shelf Number: 134181 Keywords: Criminal Justice ReformOrganized Crime (Bulgaria) |