A Comparative Study of the Relationship Between Time and Criminal Justice: the New Face of Criminal Statutes of Limitations in Italy

2019 ◽  
Vol 9 (3) ◽  
pp. 300-334
Author(s):  
Simone Lonati

Addressing the need to avoid punishing long past events that have fallen into oblivion, only to then come into play when the government, by means of proceedings, stages a re-enactment and thus a reminiscence of those events: statutes of limitations in criminal law are marked by an axiological ambiguity. The debate on their quomodo becomes particularly heated when the focus turns to the possible interferences between limitation periods and criminal proceedings. The discussion stems from the difficult attempt to balance primary and essentially heterogeneous interests: on the one hand, protecting the accused from the “punishment of trial” and, on the other, providing the criminal justice system with adequate time for prosecuting and adjudicating criminal offences as a way to effectively protect the interests harmed by the commission of certain crimes. Furthermore, there is a widespread concern to avoid instrumental conducts by the parties solely aimed at running out the clock. The matter is undoubtedly complex, as the issues and implications it gives rise to are multiple and varied. In an attempt to outline a possible statutory framework that may govern the relationship between the passage of time after the commission of an offence and the time needed for its adjudication, it may be useful to expand the knowledge base from which to draw upon in order to identify appropriate solutions: to look beyond domestic boundaries is, after all, good practice when faced with an impasse. This analysis aims to closely examine the choices made in two legal systems-Germany and Spain-whose legal traditions are the closest to Italy. Firstly, the study will describe the key features characterizing, in general, limitation periods for criminal offences. Subsequently, special attention will be paid to the rules governing the impact that the launch and dynamics of criminal proceedings have on the running of limitation periods. Based on the differences and especially the similarities between the respective rules in force in the two countries, it will be possible to formulate a number of observations regarding the provisions implemented by the Italian legislator. Lastly, comparing and contrasting the German and Spanish legal experiences will allow a closer look at the more recent reforms of statutes of limitations in Italy, to the extent that the latter appear roughly inspired by the principles applied in the aforementioned systems.

1976 ◽  
Vol 8 (1) ◽  
pp. 53-71 ◽  
Author(s):  
E. V. K. Fitzgerald

Any attempt to define the changes in the Peruvian political economy that have taken place since 1968 1 must be made in terms of the relationship between the state and domestic capital on the one hand and foreign capital on the other, and must offer an explanation of the way in which this military- controlled state has tended to replace the former and establish a new relationship with the latter. In particular, the confrontation between the government and foreign capital, and the significance of internal ownership reforms cannot be understood without reference to the development of Peruvian capitalism before 1968.


In India the Foreign direct investment (FDI) has received a staged improvement from instigate of the Make in India scheme, according to recent survey. There was a incredible increase in FDI inflows (40%) particularly in manufacturing sector from October, 2014 to June, 2019 . The industrial sector is considered to be the one of the dominant sectors that contribute the major Indian GDP. India has been ranked fourteenth in the factory output in the world. This was because of the launch of initiative, which sought for promoting manufacturing segments and be a magnet for foreign investments. More than 56 manufacturing units are benefitted in the entire globe. In the recent times during the year 2014 to 2019 the Industrial production inclined to 3.1 per cent, mainly on account of improvement and to encourage talent augmentation towards the various sectors of the economy. This article brings out the recent efforts taken by the government for encouraging the FDI into various sectors and how it has made a pathway. In the last ten years India has shown a tremendous increase in Foreign Direct Investment into the various sectors in economy. Even though Government of India has make a pathway for attracting FDI on various sectors, this papers focuses on explaining the impact of make in India scheme on FDI. In this paper period of five years has been considered for the analysis. The Statistical Tools like Karl Pearson's Coefficient Correlation and One - Way ANOVA has been used for the analysis of data. To study the relationship between the FDI and IIP correlation is used for the analysis of data


2019 ◽  
Vol 12 (2) ◽  
pp. 117-142
Author(s):  
Valsamis Mitsilegas

By focusing on the adoption of EU minimum standards in the field of procedural rights in criminal proceedings, this article will assess the relationship between secondary law harmonisation, and the principles of effectiveness of EU law and of effective judicial protection in Europe's area of criminal justice. This article will begin by exploring the third pillar legacy on harmonisation, by focusing on what the EU has not done (i.e.to legislate on a horizontal instrument on defence rights) and what the EU has done (i.e.to legislate specifically on judgments in absentia with the specific purpose of clarifying, and in some instances limiting, the grounds for refusal in a number of EU mutual recognition measures). The analysis will then examine the impact of the entry into force of the Lisbon Treaty and will evaluate critically the impact of EU harmonisation measures on defence rights on effective judicial protection. The analysis will focus on the relationship between EU law and national law, as well as on the relationship between EU law and the Charter and ECHR. Great emphasis will be placed on the strengthening of enforcement avenues offered by the normalisation of EU criminal law after Lisbon. These avenues have the potential to ensure that, even minimum, harmonisation measures in the field of defence rights can have a real impact on enhancing effective judicial protection and achieving the effectiveness of EU legislation on the ground.


Author(s):  
Clara Egger ◽  
Raul Magni-Berton

Abstract A recently published paper in this journal (Choi, 2021) establishes a statistical link between, on the one hand, Islamist terrorist campaigns – including terrorist attacks and online propaganda – and, on the other the growth of the Muslim population. The author explains this result by stating that successful campaigns lead some individuals to convert to Islam. In this commentary, we intend to reply to this article by focusing on the impact of terrorist attacks on religious conversion. We first show that Choi's results suffer from theoretical flaws – a failure to comprehensively unpack the link between violence and conversion – and methodological shortcomings – a focus on all terrorist groups over a period where Islamist attacks were rare. This leads us to replicate Choi's analysis by distinguishing Islamist and non-Islamist terror attacks on a more adequate timeframe. By doing so, we no longer find empirical support for the relationship between terror attacks and the growth of the Muslim population. However, our analyses suggest that such a hypothesis may hold but only in contexts where the level and intensity of political violence are high.


2021 ◽  
pp. 479-496
Author(s):  
Effie Fokas

This chapter considers the relationship between ‘Orthodoxies’ and ‘Europes’, highlighting the multiplicity of Eastern Christian Orthodox approaches and attitudes towards Europe, from one majority Orthodox national context to another and one historical period to another, ranging from anti-Europeanism (and anti-Westernism) to Europhilism. It also draws attention to differences in Orthodox stances on the idea of Europe, on the one hand, and the political reality of the European unification project, on the other. A temporal perspective is particularly relevant in changing attitudes to the European Union. Special attention is paid to external perspectives on the relationship between ‘Orthodoxy’ and ‘Europe’, often politicized and influenced by the political turmoil in the Balkans. The chapter closes with reference to the situation of flux characterizing contemporary conceptions of Europe, and the impact of the latter on ‘Orthodoxy’ in relation to ‘Europe’.


Author(s):  
Ainhoa LASA LÓPEZ

LABURPENA: Artikulu honetan, Europar Batasuneko botere-artikulazio berriak erkidegotan osatutako Espainian zer eragin daukan aztertuko dugu. Europa mailako politika-ekonomia erlazioak funtsezko bi koordenatu izan behar ditu ezinbestean. Alde batetik, Europako konstituzio-ordena ez dela gizartearen konstituzionalismoaren koordenatuetan ernatutako ordenaren berdina. Bestetik, Europako konstituzio ekonomikoa Europa bat egiteko proiektuak berarekin dakartzan aldaketa berriak gorpuzteko eremua dela. Izan ere, funtsean, Europako konstituzio ekonomikoa plataforma ezin hobea delako boterearen artikulazioa berria nola artikulatu asmatzeko, Europa guztirako. RESUMEN: el objetivo de este artículo es analizar el impacto que tiene la nueva articulación del poder en la Unión Europea en el Estado español de las autonomías. La relación política-economía a nivel europeo debe tener en cuenta dos coordenadas fundamentales. Por una parte, la consideración del orden constitucional europeo como un orden distinto al gestado bajo las coordenadas del constitucionalismo social. Por otra, la caracterización de la constitución económica europea como ámbito de materialización de las nuevas transformaciones que incorpora el proyecto de integración europeo. Fundamentalmente, porque la constitución económica europea representa la plataforma idónea desde la que dilucidar la nueva articulación del poder desde el espacio supranacional europeo. ABSTRACT: The aim of this paper is to analyse the impact of the new articula tion of power in the European Union in the Spanish state of autonomies. The relationship between politics and economy at European level must take into consideration two fundamental coordinates. On the one hand, the Euro pean constitucional system appears as a system opposite to that of social constitutionalism. Moreover, the characterization of the European economic constitution as a field of realization of the new transformations incorporated by the European project. Specially, because this represents the ideal platform in order to analyse the new articulation of power from European supranational space.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheng-Fang Chou ◽  
Chih-Hsing Sam Liu ◽  
Jun-You Lin

PurposeThe purpose of this study is to illustrate the different systems controlling coronavirus disease 2019 (COVID-19) and curbing the impact of the virus on the hospitality economy. The author’s clarified the critical attributes of the government, organization management system and consumer behaviour using mediation-moderation models and demonstrated how those critical attributes influenced customer consumption intention during COVID-19 in Taiwan.Design/methodology/approachDue to the impact of the COVID-19 pandemic, this research is mainly distributed through online questionnaires through Facebook and other social media channels to recruit volunteers. Second, the pre-test survey used 100 questionnaires collected from juniors and seniors from a university in northern Taiwan to make predictions. Third, this study also conducted a questionnaire validity analysis, which identified 9 criteria and 34 items. Fourth, the questionnaire collected samples for a total of three months. Structural equation modelling was used to test the hypotheses in a sample of 1,098 consumers in Taiwan.FindingsThis study considers government, enterprise and consumer levels and conducts relevant factor analysis from consumers’ perspectives to understand the changes in consumer behaviour under COVID-19 influence. Regarding mediation, this study finds that information and communication mediate the relationships between crisis management and COVID-19 impact. Regarding moderation, this study exposes the critical moderating part of human resources, that hygiene and safety strengthen the relationships between COVID-19 impact and attitude towards life and that perceived anxiety strengthens the relationship between attitude towards life and consumption intention.Practical implicationsDuring COVID-19, restaurants should cooperate with the government to reduce the risk of community infection. Therefore, the government also needs to cooperate with restaurant companies to enhance the industrial economy, actively communicate with consumers and provide correct and sufficient information. At the same time, restaurant enterprises also need to have sufficient human resource arrangements, hygiene and safety planning to eliminate consumers’ doubts.Originality/valueThese findings indicate that consumers’ consumption intention to eat out is affected by the COVID-19 impact and attitude towards life. This research also confirms that perceived anxiety has a mediating effect on the relationship between consumer attitudes towards life and consumption intentions. To improve the restaurant economic process, they should consider solutions to reduce consumers’ perception of the COVID-19 impact and fear of eating out.


Author(s):  
Vebionita Megi Putri ◽  
Delfi Eliza

Children are generations or descendants as a result of the relationship between men and women, whether in marriage or not. Early childhood is an individual who is experiencing a period of very rapid growth, even though now the entire world is experiencing the Covid-19 pandemic, it is not an obstacle to children's development and growth. With the pandemic, the government is implementing learning at home, the use of technology media is the main key in online learning. This study aims to describe the impact of using gadgets in early childhood in the aspects of language development. This research was conducted using the literature study method in which journals, books and other sources reinforce this research.


2020 ◽  
pp. 201-220
Author(s):  
Sadife Çinkir

Women form half of the world's population, but the same cannot be said for their active participation in economic development. Sustainable, strong economies can be achieved through equally active involvement in the process by developing or keeping up to date the skills of individuals in society. This paper focuses on women's contribution to sustainable development as entrepreneurs through Lifelong Learning. The paper consists of two sections. The first section discusses the relationship between accessibility to digital age-appropriate education and sustainable development in Lifelong Learning. The second section is a good practice of the impact of the "Women First in Entrepreneurship" project on developing women's entrepreneurship. It covers the reasons for the project and its implementation process, outputs, and impact. To increase women's participation in the labor market as part of sustainable development in today's economy, the project, which began in 10 pilot provinces, is currently being implemented across Turkey. The project has been implemented under the coordination of the Turkish Directorate General for Lifelong Learning since 2015. The General Directorate of Lifelong Learning is the highest policymaking authority in Turkey to strengthen the adult education system.


2015 ◽  
Vol 16 (SE) ◽  
pp. 61-77
Author(s):  
Naser Golmohammadi

In the early part of 20th century animation emerged as a revolutionary way of making art. It evolved into a powerful means of expression and creativity of artists who could merge all art genres into one art form. The subsequent developments of animation have opened its diverse uses in entertainment business, education and political propaganda. This article attempts to examine the factors that have influenced and shaped the development of animation industry in Iran. It takes a historical view and investigates the impacts of changing socio-economic and political forces that have determined the functions of animation in the Iranian society. The study traces the establishment of the industry to the government-run centres, describing the pioneering role of artists who gave rise to the ‘golden age’ of animation in the pre-revolutionary Iran. Especial attention is throughout paid to the long and rich cultural and artistic heritages, as the thematic basis for indigenously produced animated films in Iran. The growth of the industry is considered in conjuncture with the expansion of feature films cinema and expansion of television networks. The latter is particularly important for the fact that it provides a secured market for a sizeable audience of children and young people in Iran. The study analyses the impact of the 1979 Islamic Revolution on the animation industry from a period of stagnation to a highly promoted and government sponsored artistic and industrial activity. In the post-revolutionary period, the industry was transformed from one reflecting the Iranian history and culture to the one that emphasises the Islamic-Iranian values and Islamic traditions; hence animation has become an ideological means in propagating the cultural policy of the state. Thus, animation has increasingly become a cultural industry assigned to supply growing needs of television and artistic works reserved for international festivals.This research is largely based on extensive interviews with animation artists and those who are working in the industry complemented with a sample of questionnaires addressed to both Iranian artists and foreign observers and participants in the Iranian International festivals on animation. The research methodology is also supplemented with the research on printed materials – very few and often descriptive- and personal experience of working over twenty years in the industry.


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