歐洲刑法

 

 

 

歐盟法院 ( ECJ )

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Statute of the Court

 

 

歐盟執行委員會

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歐盟議會

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歐盟高峰會

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歐盟警察署 ( Europol )

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歐盟司法合作組織 ( Eurojust )

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歐盟詐欺犯罪防制局 ( OLAF )

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Powers of investigation

 

歐盟一級法、公約、國際條約

Treating establishing the European Communities and the European Union (EC)

Treaty  establishing the European Atomic Energy Community (EURATOM)

Vienna Convention (20.12.1998) against Illicit traffic in narcotic drugs and psychotropic substances

Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Prüm Treaty

Protocol integrating the Schengen acquis into the framework of the European Union

Schengen Borders Code

Lisbon Treaty (Consolidated treaties)

Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union

Charter of Fundamental Rights of the European Union

 

 

歐盟二級法、歐盟公約及框架決 :實體刑法

Official Journal of the European Union (since 1993 called: OJ-EU) search engine

I. Crime against the financial interests of the EU

   1. PIF-Convention

   2. First Protocol PIF-Convention

   3. Second Protocol PIF-Convention

II.  Corruption involving officials

   1. Convention about the corruption involving officials                        

III. Corruption in the private sector

   1. Framework decision against corruption in the private sector

IV.  Organised crime

   1. Joint action participation in a criminal organisation

   2. Framework decision on the fight against organised crime

V. Money laundering,

   1. Framework decision money laundering,

   2. Council decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime

   3. Council directive  (91/308/EEC) on prevention of the use of the financial system for the purpose of money laundering

VI. Counterfeiting of money

   1. Framework decision on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro

VII. Fraud and counterfeiting of non-cash means of payment

   1. Framework decision combating fraud and counterfeiting of non-cash means of payment

VIII. Terrorism

   1. Framework decision on combating terrorism

   2. Framework decision amending framework decision 2002/475/JHA on combating terrorism

VIII. Trafficking in human beings

   1. Framework decision on combating trafficking in human beings

   2. Proposal for a Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims

IX. Sexual exploitation of children and child pornography

   1. Framework decision on combating the sexual exploitation of children and child pornography

   2. Proposal for a Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography

X. Facilitation of unauthorised entry, transit and residence

   1. Framework decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence

   2. Council directive defining the facilitation of unauthorised entry, transit and residence

XI. Protection of the environment through criminal law

   1. Framework decision on the protection of the environment through criminal law (Please note: framework decision is declared to be void)

   2. Council directive on the protection of the environment through criminal law                      

XII. Ship-source pollution

   1. Framework decision against ship-source pollution (Please note: framework decision is declared to be void)

   2. Council directive on ship-source pollution and on the introduction of penalties for infringements

XIII. Drug trafficking

   1. Framework decision on drug trafficking

XIV. Attacks against information systems

   1. Framework decision on attacks against information systems

XV. Racism and xenophobia

   1. Framework decision on combating certain forms and expressions of racism and xenophobia

XVI. Sanctions

   1. Framework decision on Confiscation of Crime-Related Proceeds, Instrumentalities and Property      

 

 

歐盟二級法、歐盟公約及框架決 :司法合作、相互承認

I. Conventions and protocols on Mutual Assistance

   1. Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

   2. Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

II. European arrest warrant

   1. Framework decision on the European arrest warrant

III. Freezing property or evidence

   1. Framework decision on the execution in the European Union of orders freezing property or evidence

IV. European evidence warrant

   1. Framework decision on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters

V. Enforcement of financial penalties

   1. Framework decision on the application of the principle of mutual recognition to financial penalties

VI. Confiscation orders

   1. Framework decision on the application of the principle of mutual recognition to confiscation orders

VII. Deprivation of liberty and their enforcement

   1. Framework decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

VIII. Probation measures and alternative sanctions

   1. Framework decision on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions

IX. Cross-border cooperation (incorporating the substance of the provisions of the Prüm Treaty into the legal framework of the European Union)

   1. Framework decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

X. Taking account of convictions in the Member States of the European Union in the course of new criminal proceedings

   1. Framework decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings

XI. Proposal on the European Protection Order

   1. First proposal

   2. Second proposal

 

 

歐盟二級法、歐盟公約及框架決 :刑事訴訟法調和化

I. Protection of victims in trial

   1. Framework decision on the standing of victims in criminal proceedings

II. Data protection

   1. Framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

 

 

歐盟二級法、歐盟公約及框架決 :其他

Europol Convention

Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office

Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol

Council Regulation (EC, Euratom) on the protection of the European Communities financial interests

Council Regulation (EC) on the protection of species of wild fauna and flora by regulating trade therein (old version: Council Regulation (EEC) on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora)

Commission's powers of investigation, Council Regulation No 2988/95 and No 2185/96

Rules on competition, Council Regulation No 1/2003

Council directive on the approximation of the laws of the Member States concerning the safety of toys

 

 

草案或計畫

Treaty establishing a Constitution for Europe

Green Paper on criminal-law protection of the financial interests of the Community and the establishment of a European Prosecutor

Proposal for a Directive of the European Parliament and of the Council on the criminal-law protection of the Community's financial interests

Amended proposal for a Directive of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights

Proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law

Initiative of the Federal Republic of Germany with a view to the adoption of a Council Framework Decision on criminal law protection against fraudulant or other unfair anti-competitive conduct in relation to the award of public contracts in the common market

Proposal for a Council Framework Decision on combating racism and xenophobia

Initiative of the Hellenic Republic with a view to adopting a Council Framework Decision concerning the prevention and control of trafficking in human organs and tissues

Green Paper from the Commission on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the European Union

Proposal for a framework decision on the exchange of information under the principle of availability

Green Paper on Conflicts of Jurisdiction and the Principle of ne bis in idem in Criminal Proceedings

Stockholm-Programme

Green Paper on obtaining evidence in criminal matters from one Member State to another and securing its admissibility

 

 

德國法律

Lebensmittel-, Bedarfsgegenstände und Futtermilchgesetzbuch (LFGB)

Rindfleischetikettierungsgesetz (RiFlEtikettG)

Fischetikettierungsgesetz (FischEtikettG)

Gesetz über Naturschutz und Landschaftspflege (BNatschG)

Europolgesetz (EuroPolG)

Eurojust-Gesetz  (EJG)

Erstes Europäisches Haftbefehlsgesetz (EuHbG) from 21 July 2004 (Please note: framework decision is declared to be void)

Zweites Europäisches Haftbefehlsgesetz (EuHbG) from 20 July 2006

EuGH Gesetz (EuGHG)

 

 

法院裁判

Search engine for decisions of the Court of Justice

Decision of the Polish constitutional court concerning the implementation law of the European Arrest Warrant

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Decision of the Cypriot constitutional court concerning the implementation law of the European Arrest Warrant

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Decision of the Czech constitutional court concerning the implementation law of the European Arrest Warrant

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其他文件

Communication from the Commission to the European Parliament and the Council on the implications of the Court’s judgment of 13 September 2005

Minimum standards for the reception of applicants for asylum in the Member States

Presidency conclusion: Special meeting of the European Council on 15 and 16 October 1999 in Tampere on the creation of an area of freedom, security and justice in the European Union

Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime

The Hague Programme

Commission decision establishing the European Anti-fraud Office (OLAF)