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Walder Wyss Ltd | European Union | 23 Oct 2019

Federal Council aims to combat human organ trafficking more effectively

The Federal Council recently submitted to Parliament a dispatch approving the Council of Europe Convention against Trafficking in Human Organs. The Federal Council supports the convention, which aims to harmonise criminal provisions internationally. In particular, the convention provides for the prosecution of all human organ trafficking, regardless of where it takes place.
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Elias Neocleous & Co LLC | Cyprus | 20 Aug 2019

Supreme Court rejects appeal against detention order in sexual assault case

The Supreme Court recently rejected an appeal against a detention order issued by the Larnaca Permanent Assize Court in a sexual assault case. The appellant claimed that the evidence placed before the first-instance court had speculated on his guilt and the risk of him absconding. However, the Supreme Court found that the accused's detention until trial was at the discretion of the......
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bellpark legal ag | Switzerland | 15 May 2019

Air traffic controller convictions draw criticism

Air traffic controller and pilot organisations have criticised recent convictions handed down in Switzerland for operational incidents that resulted in neither injury nor damage. Critics have asserted that criminal prosecutions in the aviation sector tend to do more harm than good. Further, there is widespread concern that criminalisation leads to a loss of cooperation from individuals who......
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Elias Neocleous & Co LLC | Cyprus | 30 Apr 2019

Can a driver be responsible for the death of a passenger with heart problems?

The Supreme Court recently examined the issue of causality arising from a road traffic accident. The first-instance court had found the defendant guilty of causing death by want of precaution or carelessness and of driving a motor vehicle under the influence of fatigue. The Supreme Court rejected the subsequent appeal and confirmed that, despite having taken a simplistic approach, the......
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Elias Neocleous & Co LLC | Cyprus | 25 Sep 2018

Life imprisonment and whole-life imprisonment – a history of Cypriot case law

Life imprisonment generally does not constitute a whole-life sentence because the prisoner will, in most cases, be eligible for early release after a fixed period set by the court. In exceptionally grave cases, the court may order that life should mean life and that the prisoner should remain incarcerated for the rest of their life. The case of Panagiotis Kafkaris was considered sufficiently......
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SKRINE | Malaysia | 8 Aug 2018

Lewdness in flight

A Bangladeshi man was recently caught committing lewd acts on a flight departing from Kuala Lumpur International Airport. It is unclear whether the criminal laws in Malaysia could apply in this case, as available news reports have not yet provided sufficient information. However, assuming that Malaysian criminal laws apply, the man's curious actions may contravene several Malaysian statutes,......
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Gün + Partners | Turkey | 22 May 2018

Constitutional Court issues decision on reasonable time requirement in criminal proceedings

Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions. One of the most common claims is that the state has violated an individual's right to a fair trial by failing to......
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RPC | United Kingdom | 28 Nov 2017

Ghosh test overturned: dishonesty according to the standards of ordinary, reasonable and honest people

The Supreme Court recently held that the test for dishonesty should be assessed only by reference to whether the defendant's conduct is dishonest by the objective standards of ordinary, reasonable and honest people. In its ruling, the Supreme Court concluded that there were convincing grounds for holding that the second limb of the well-known Ghosh test did not correctly represent the law and......
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Dentons | Canada | 11 Jul 2017

Combating abuse or chilling strategic decision making?

The Supreme Court recently reaffirmed its ability to award costs against lawyers. Despite the special role played by defence lawyers in criminal proceedings, the Supreme Court held that judges retain ultimate discretion to manage and control the proceedings before them. The court found that costs had been properly awarded against the lawyer in this case, as the circumstances were extreme and......
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CMS Germany | Germany | 10 Jul 2017

Reform of criminal law regarding proceeds of crime

The new Act to Reform Criminal Law on Proceeds of Crime aims to simplify existing rules regarding the confiscation of assets resulting from criminal offences. The reform negates the principle that confiscation is prohibited if and to the extent that an injured person has a civil claim against the offender for damage compensation or other corresponding legal rights which legally enable the......
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