The Cross-Justice research project
The text is a synthetic report of how the Chilean criminal justice system has reacted to the movement restrictions generated by the COVID pandemic. At first the problems were focused on giving continuity to the hearings on guarantees, especially those that affect people's freedom. Now the great challenge of the system is to verify the possibility of conducting oral trials, respecting the basic guarantees of due process
Court of Justice of the European Union, First Chamber, judg. 29 July 2019, case C-38/18, criminal proceedings against Massimo Gambino, Shpetim Hyka
This paper aims to reflect on the deficiencies, from the criminal safeguards perspective, that can be found in the current procedure for the settlement of conflicts of criminal jurisdiction in the European Union. After a brief introduction and overview of the legal framework on conflicts of jurisdiction and the system of protection of rights and procedural safeguards in the European Union, the paper is divided into two different parts. The first part will focus on identifying and examining the principles, rights and safeguards at stake in a transnational situation of conflict of criminal jurisdiction between Member States. In the second part of this paper, the author will reflect on the improvements that should be adopted to grant a better standard of protection for the suspected or accused person, including the critical analysis of proposals made by scholars on this matter.