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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).)  […]

France: Statute of Limitations Extended for Criminal Offenses

(Mar. 21, 2017) On February 27, 2017, the French President signed into law a bill that extends the statute of limitations for criminal matters. (Loi n° 2017-242 du 27 février 2017 portant réforme de la prescription en matière pénale [Law No. 2017-242 of 27 February 2017, Reforming the Statutes of Limitations for Criminal Matters], LEGIFRANCE.) […]

Netherlands: New Offense Tailored to Police Officers’ Use of Force

(Jan. 13, 2017) The House of Representatives (Tweede Kamer) of the Dutch Parliament is considering legislation that addresses the special position of investigating officers in criminal law. (Bill Sent to House of Representatives: Special Position of Investigating Officers in Criminal Law, Ministry of Security and Justice website (Dec. 23, 2016).) Under the draft legislation, “[p]olice […]

France: Justice Reforms Adopted

(Dec. 6, 2016) On October 12, 2016, the French Parliament adopted a law reforming various aspects of the French justice system. The President promulgated the law on November 18.  (Loi n° 2016-1547 du 18 novembre 2016 de modernisation de la justice du XXIe siècle (1) [Law No. 2016-1547 of 18 November 2016 to Modernize XXIst […]

Brazil: Supreme Court Reaffirms that Convictions Are to Be Enforced After Confirmation by Appellate Court Decision

(Nov. 17, 2016) A decision on an extraordinary appeal (recurso extraordinário), issued by the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) on November 10, 2016, reaffirmed Court jurisprudence from October 2016 that determined that enforcement of a criminal sentence is to commence after a conviction has been confirmed by the first appellate court to […]

Brazil: Confirmation that Enforcement of Sentences Begins After First Appellate Ruling

(Oct. 11, 2016) On October 5, 2016, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, or STF) ruled that article 283 of the Code of Criminal Procedure does not preclude the enforcement of a criminal sentence commencing after a conviction has been confirmed by the first appellate court to consider the conviction. (STF Admite Execução da Pena […]

Brazil: Decree Enacted to Regulate Use of Handcuffs

(Oct. 6, 2016) On September 26, 2016, Decree No. 8,858 was enacted to regulate the use of handcuffs in the Brazil. (Decreto No. 8.858 de 26 de Setembro de 2016, PLANALTO.)  The decree follows the guidelines established in articles 1(III) and 5(III) of the Brazilian Constitution, which provide for the protection and promotion of human […]

Sweden: Appellate Court Reaffirms Detention in Absentia of Julian Assange

(Oct. 3, 2016) On September 16, 2016, the Swedish appellate court, the Svea Court of Appeal, reaffirmed the detention in absentia of Julian Assange, following a request from Assange to have his detention set aside. (Press Release, Svea Court of Appeal, Decision in the Case Concerning the Detention of Julian Assange (Sept. 16, 2016).) Assange […]

France: Seized Cell Phone Data Can Be Used

(Sept. 29, 2016) On August 12, 2016, a judge of the Conseil d’État (the highest administrative jurisdiction in France) authorized the use of the data stored in a cell phone that had been seized during a search ordered on the basis of the Law on the State of Emergency.  (CE, ordonnance du 12 août 2016, […]