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Prosecuting and Punishing Multi-Offenders in the EU
A Comparative Analysis of the Legal Frameworks Regarding Offenders of a Multitude of Offences
Nele Audenaert , Wendy De Bondt
This book elaborates on the rules governing the prosecution and sentencing of multi-offenders.
The term ‘multi-offender’ is used for an offender that has committed a series of offences (either in one single act or in different acts); hence the addition of ‘multi’ in ‘multi-offender’. A crucial element thereto is that the whole series of offences – which make the offender a multi-offender – has been committed before being subject to a final conviction.
A comparative EU-study was conducted, focussing on the rules governing multi-offenders within different EU Member States. It reveals that this type of offenders challenge both the legislator and the prosecution and judges: when the offences are prosecuted in one go, the challenges are linked to finding an appropriate way to assess the severity of the criminal behaviour; if however the offences are prosecuted in several simultaneous or consecutive proceedings, the challenges are linked to taking account of the simultaneous or past proceeding. These challenges only grow if proceedings take place in different EU Member States.
The analysis presented in this book is essential reading for EU policy makers, national policy makers, academics and defence lawyers throughout the EU working with multi-offenders. Undoubtedly, it will be an asset to their work in both mere national as well as in cross-border cases.
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