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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, […]

Chile: Preventive Identification by Police Authorized

(Sept. 1, 2016) On July 5, 2016, the Chilean Congress passed Law 20931 on Easing the Effective Application of the Established Penalties for Robbery, Theft, and Receipt of Stolen Goods and Improving Criminal Prosecution of the Said Offenses. (Facilita la Aplicación Efectiva de las Penas Establecidas para los Delitos de Robo, Hurto y Receptación y […]

Italy: Legislation Implementing the EU Criminal Mutual Assistance Convention

(Aug. 26, 2016) On August 5, 2016, new legislation ratifying and implementing the European Union Convention on Mutual Assistance in Criminal Matters, in particular concerning extradition, entered into effect in Italy. (Law No. 149 of July 21, 2016, Ratifying and Implementing the Convention on Mutual Assistance in Criminal Matters Between Member States of the European […]

South Africa: Constitutional Court Confirms Right of a Child not to be Detained Except as a Measure of Last Resort

(Aug. 26, 2016) On August 11, 2016, South Africa’s Constitutional Court found unconstitutional the arrest and detention of a 15-year-old child by the police and upheld her claim for damages for wrongful arrest and detention against the Minister of Safety and Security.  (The Right of a Child Not to Be Detained Prevails, BUSINESS DAY LIVE […]