Post by account_disabled on Mar 6, 2024 22:49:07 GMT -6
Given this situation the question that arises is: what is the role of criminal law in containing these punitive advances.
The activity of defensive criminal law is in most cases an exercise in resistance . Not only in the technical-procedural sense of resistance to the condemnatory claim deduced in court by the prosecution. Resistance to social media and political pressures; to excesses and abuses committed by public authorities; to the contemporary and growing trends of relativizing fundamental rights and guarantees and reducing them to “mere formalities” — or worse “impunity mechanisms” or “loopholes in the law”. There is therefore no quality criminal law without combativeness.
We are not referring at this point to knowledge and oratory indispensable instruments for any and all lawyers regardless of their area of practice. The only instrument capable of facing punitive advances and facing overcriminalization movements is specialization .
Anyone who believes that law is specialized is mistaken because the professional who performs it has completed a lato sensu postgraduate course or because he selected among the many possible B2B Email List areas of practice and decided to dedicate himself exclusively to a specific branch. The specialization we are referring to operates on two levels and is best summarized by the word “ commitment ”.
The first level of specialization is reached by the professional who knows well our system of fundamental rights and guarantees applied to Law and Criminal Procedure; who is familiar with criminal procedural principles and with the rules and stages characteristic of the various special procedures; and naturally who has mastery over the fundamental institutes of Criminal Law considered far beyond the doctrine and jurisprudence regarding the crime in kind particularly attributed to the client. We talk about a solid foundation on the General Part that is on Criminal Law Theory Penalty Theory and especially Crime Theory. Once this first stage has been overcome the criminal lawyer who really wants to specialize will be ready to dive into a specific area of practice.
Given the extent and depth of the specific knowledge of the Special Part and the extravagant legislation and mainly the endless peculiarities of the various criminal policies and combat microsystems a specialist in fact is the one who dedicates himself to understanding the logic specific to certain segments of the Penal System and learn about its details.
Here finally the role of the criminal lawyer in containing punitive advances and the overcriminalization of money laundering becomes clear. An unprepared professional no matter how experienced he may be in other micro-areas of criminal justice truly invites abuse and excesses in the conduct of the investigation and the money laundering process generally marked by precautionary intelligence measures that are highly invasive. As an almost absolute rule there is a breach of telephone telematic banking and tax confidentiality. The professional must be able to question the chain of custody inquire about data extraction and analysis techniques make their own assessments and present robust evidence to the contrary refuting or deconstructing the conclusions of the police and ministerial bodies. On the merits the lack of professional preparation constitutes one of the greatest incentives for frivolous accusations poorly founded convictions and in general the simplistic and superficial way in which money laundering has been dealt with. Hence the distortions exemptions from typical requirements and contra legem expansions observed in jurisprudence.
On the other hand a specialized and prepared lawyer offers the desirable qualified resistance in the face of the punitive approach and the trivializations carried out by criminal prosecution bodies. Combative and technical action greatly raises the quality standards that the actions of the police the Public Ministry and the Judiciary must have. Forces precautionary requests to be based on more concrete evidence; that the analysis of evidence be more careful; that indictments and complaints are more robust; that convictions are more well-founded. In a nutshell: it makes a difference and provides a more refined filtering of allegations in matters of money laundering discouraging irresponsible accusations and shallow or generic decisions.
The activity of defensive criminal law is in most cases an exercise in resistance . Not only in the technical-procedural sense of resistance to the condemnatory claim deduced in court by the prosecution. Resistance to social media and political pressures; to excesses and abuses committed by public authorities; to the contemporary and growing trends of relativizing fundamental rights and guarantees and reducing them to “mere formalities” — or worse “impunity mechanisms” or “loopholes in the law”. There is therefore no quality criminal law without combativeness.
We are not referring at this point to knowledge and oratory indispensable instruments for any and all lawyers regardless of their area of practice. The only instrument capable of facing punitive advances and facing overcriminalization movements is specialization .
Anyone who believes that law is specialized is mistaken because the professional who performs it has completed a lato sensu postgraduate course or because he selected among the many possible B2B Email List areas of practice and decided to dedicate himself exclusively to a specific branch. The specialization we are referring to operates on two levels and is best summarized by the word “ commitment ”.
The first level of specialization is reached by the professional who knows well our system of fundamental rights and guarantees applied to Law and Criminal Procedure; who is familiar with criminal procedural principles and with the rules and stages characteristic of the various special procedures; and naturally who has mastery over the fundamental institutes of Criminal Law considered far beyond the doctrine and jurisprudence regarding the crime in kind particularly attributed to the client. We talk about a solid foundation on the General Part that is on Criminal Law Theory Penalty Theory and especially Crime Theory. Once this first stage has been overcome the criminal lawyer who really wants to specialize will be ready to dive into a specific area of practice.
Given the extent and depth of the specific knowledge of the Special Part and the extravagant legislation and mainly the endless peculiarities of the various criminal policies and combat microsystems a specialist in fact is the one who dedicates himself to understanding the logic specific to certain segments of the Penal System and learn about its details.
Here finally the role of the criminal lawyer in containing punitive advances and the overcriminalization of money laundering becomes clear. An unprepared professional no matter how experienced he may be in other micro-areas of criminal justice truly invites abuse and excesses in the conduct of the investigation and the money laundering process generally marked by precautionary intelligence measures that are highly invasive. As an almost absolute rule there is a breach of telephone telematic banking and tax confidentiality. The professional must be able to question the chain of custody inquire about data extraction and analysis techniques make their own assessments and present robust evidence to the contrary refuting or deconstructing the conclusions of the police and ministerial bodies. On the merits the lack of professional preparation constitutes one of the greatest incentives for frivolous accusations poorly founded convictions and in general the simplistic and superficial way in which money laundering has been dealt with. Hence the distortions exemptions from typical requirements and contra legem expansions observed in jurisprudence.
On the other hand a specialized and prepared lawyer offers the desirable qualified resistance in the face of the punitive approach and the trivializations carried out by criminal prosecution bodies. Combative and technical action greatly raises the quality standards that the actions of the police the Public Ministry and the Judiciary must have. Forces precautionary requests to be based on more concrete evidence; that the analysis of evidence be more careful; that indictments and complaints are more robust; that convictions are more well-founded. In a nutshell: it makes a difference and provides a more refined filtering of allegations in matters of money laundering discouraging irresponsible accusations and shallow or generic decisions.