Michael Lindemann

A transfer of criminal proceedings may take place between a judicial authority from one Member State and a judicial authority in another Member State when it is in the interest of a proper administration of justice that a criminal offence is further investigated and prosecuted in the second Member State.There was a general feeling among experts on judicial cooperation in the Member States that the current practice of transferring criminal proceedings could and should be improved. Researchers from the Erasmus University Rotterdam, together with the Amsterdam Public Prosecution Office, Bielefeld University and the Belgian Federal Prosecution Office took the initiative to start a a research project on the Transfer of criminal proceedings in the EU (TROP). The project was funded by the European Commission.This report contains the conclusions of the TROP research project. It outlines the current practice of transferring criminal proceedings in the EU, it identifies the main challenges experienced by practitioners and describes possible solutions to those challenges. These solutions were tested in multiple discussions between practitioners, academics and policy makers.During the TROP research project, it became clear that the European Commission would propose a new legislative instrument on the transfer of criminal proceedings in the near future. In the report, we tried to anticipate the content of such a proposal and the discussion in the Council and in the European Parliament. To this end, we have formulated our proposals for improving the transfer of proceedings as building blocks for a possible EU-legal instrument.

Die biomedizinische Forschung ist heute nicht mehr ohne Biobanken denkbar, in denen humanbiologisches Material und Daten gesammelt werden. Biobanken sind jedoch nicht nur eine Ressource des wissenschaftlichen Fortschritts, sondern zugleich auch ein ganz zentraler Faktor des öffentlichen Gesundheitswesens, wenn sie zur Entwicklung neuer Heilverfahren und Medikamente genutzt werden. Aus diesem Grund sind viele Bürgerinnen und Bürger bereit, biologisches Material und persönliche Daten einer Biobank und damit der Forschung zur Verfügung zu stellen. Deshalb ist es wichtig, das individuelle wie kollektive Vertrauen in Biobanken zu fördern. Das Zentrum dieses Vertrauens bildet die Gewährleistung der Grundrechte der Spenderinnen und Spender, vor allem deren Würde, deren Persönlichkeitsrecht sowie deren körperliche Integrität. Der Gesetzgeber hat es bisher versäumt, dieses Vertrauen in Biobanken durch eine einheitliche Regelung zu stärken. Dies ist das zentrale Anliegen des Augsburg-Münchner Entwurfs eines Biobankgesetzes. Der Gesetzentwurf schützt das Selbstbestimmungsrecht der spendenden Personen, gewährleistet das Biobankgeheimnis, regelt Einrichtung, Betrieb und Überwachung von Biobanken und garantiert Zeugnisverweigerungsrechte.

I wrote this book because I have a very strong feeling that a more pragmatic view of macro situations is necessary, this constituting an ambitious project. This book is not about "systematic pessimism", it recognizes that many economic factors need to be drastically reviewed first and revised after due in-depth analysis. It is not theoretical, it offers solutions, which are not "ASAP" but gradual and I believe realistic. Proposed solutions are based on an "active life in international working"in situ" in 3 continents and 7 different countries. I am not for opposing globalization or internet / IT development because they are not stoppable and part of the XXI Century's evolution; I am for finding solutions to take advantage of these realities. This means that governments cannot continuously "throw the can forward" and need to take on responsibilities to not only adapt to these huge changes but try to lead, this is and will be increasingly difficult, but if they do not change their political approach they will be the losers and accountable to the people they think they are governing. I have been referring to "events" that occurred during the last 2 to 3 years - and some well before, in order to stress that no real changes to rather non existing economic policies were made during these last years in the "Western World" - the US and Europe, separating the Eurozone. Monetary policies, and Central Banking, overwhelmingly "dictated" the behavior of nations, which is contrary to logic, since financial measures should "complement" financing required by a nations 'realistic and also ambitious social-economic view, plan and it's budgeting, and not precede them. By doing it in the contrary sense, there cannot exist financial targeting, because no economic priorities to be financed have been explicitly determined by the governments, which are led financially, mainly by Central Banking, which is senseless Polls over time showed that well founded and successful SMEs (biggest employer in any country) major problems are, in general, not able to access loans for their development, which generally consists of obtaining working capital facilities to expand locally and in export, depriving countries of a very dynamic element to provide badly needed durable growth. This book is about questioning if structural changes of the economy in the last 30 years have been assimilated and /or are in the process of being better understood by non specialized audiences, and whether private business procedures could be increasingly applied to macro vision, planning and analysis, and therefore include pragmatic analysis and decision making in a series of major macro points. Knowing that statesmen and politician background and activity are very different from that of businessmen, one of the main matters I want to address is whether good business procedures which are implicit in well managed private international business are partially applicable to macro evolution and performance analyses, this being a time of great and increasing macro volatility. I greatly believe that knowledge or "knowing" is a basic factor, that questioning is necessary in a world of affirmations, and that decision making is the result of both, this even more so in a huge crisis situation, which is still continuing, and which has no historical points of reference because of the huge changes in geo economy structure and politics, and in its sectoral / activities categories' structure. In the last 20 / 30 years the structure of GDP and Stock Exchanges changed dramatically: enormous changes in geo-economic structures, great sectoral changes mainly brought about by innovation: i.e. emergence of IT - internet and communications and in the last decade/s social networks, science, and various activity categories.

I wrote this book because I have a very strong feeling that a more pragmatic view of macro situations is necessary, this constituting an ambitious project. This book is not about "systematic pessimism", it recognizes that many economic factors need to be drastically reviewed first and revised after due in-depth analysis. It is not theoretical, it offers solutions, which are not "ASAP" but gradual and I believe realistic. Proposed solutions are based on an "active life in international working"in situ" in 3 continents and 7 different countries. I am not for opposing globalization or internet / IT development because they are not stoppable and part of the XXI Century's evolution; I am for finding solutions to take advantage of these realities. This means that governments cannot continuously "throw the can forward" and need to take on responsibilities to not only adapt to these huge changes but try to lead, this is and will be increasingly difficult, but if they do not change their political approach they will be the losers and accountable to the people they think they are governing. I have been referring to "events" that occurred during the last 2 to 3 years - and some well before, in order to stress that no real changes to rather non existing economic policies were made during these last years in the "Western World" - the US and Europe, separating the Eurozone. Monetary policies, and Central Banking, overwhelmingly "dictated" the behavior of nations, which is contrary to logic, since financial measures should "complement" financing required by a nations 'realistic and also ambitious social-economic view, plan and it's budgeting, and not precede them. By doing it in the contrary sense, there cannot exist financial targeting, because no economic priorities to be financed have been explicitly determined by the governments, which are led financially, mainly by Central Banking, which is senseless Polls over time showed that well founded and successful SMEs (biggest employer in any country) major problems are, in general, not able to access loans for their development, which generally consists of obtaining working capital facilities to expand locally and in export, depriving countries of a very dynamic element to provide badly needed durable growth. This book is about questioning if structural changes of the economy in the last 30 years have been assimilated and /or are in the process of being better understood by non specialized audiences, and whether private business procedures could be increasingly applied to macro vision, planning and analysis, and therefore include pragmatic analysis and decision making in a series of major macro points. Knowing that statesmen and politician background and activity are very different from that of businessmen, one of the main matters I want to address is whether good business procedures which are implicit in well managed private international business are partially applicable to macro evolution and performance analyses, this being a time of great and increasing macro volatility. I greatly believe that knowledge or "knowing" is a basic factor, that questioning is necessary in a world of affirmations, and that decision making is the result of both, this even more so in a huge crisis situation, which is still continuing, and which has no historical points of reference because of the huge changes in geo economy structure and politics, and in its sectoral / activities categories' structure. In the last 20 / 30 years the structure of GDP and Stock Exchanges changed dramatically: enormous changes in geo-economic structures, great sectoral changes mainly brought about by innovation: i.e. emergence of IT - internet and communications and in the last decade/s social networks, science, and various activity categories.

Die Beschäftigung mit den theoretischen und praktischen Aspekten des Wirtschaftsstrafrechts führt immer wieder auf bestimmte grundlegende Problembeschreibungen zurück. Zu ihnen gehören neben Schwierigkeiten bei der Abgrenzung legaler von illegaler Wirtschaftsbetätigung Probleme bei der forensischen Rekonstruktion komplexer wirtschaftsstrafrechtlich relevanter Sachverhalte sowie die Gefahr vorweggenommener Sanktionswirkungen durch grundrechtsinvasive Ermittlungsmaßnahmen. Diese nur auf den ersten Blick isoliert zu betrachtenden Grundprobleme der strafrechtlichen Aufarbeitung von Wirtschaftskriminalität weisen vielfältige Interdependenzen auf und bilden den Nährboden für die ebenso ubiquitäre wie problematische Absprachepraxis im Wirtschaftsstrafverfahren. Die Bewältigung der damit verbundenen Aufgaben kann nur mithilfe eines integrativen Ansatzes gelingen, der neben den Verbindungslinien von materiellem Strafrecht und Strafprozessrecht auch außerstrafrechtliche Instrumente der Konfliktregelung in den Blick nimmt. Michael Lindemann entwickelt hierzu Lösungsansätze, die sich als Beitrag zu einem zwingend intra- und interdisziplinär zu führenden Dialog verstehen.

["The Sanctioning of Insubordinate Patient Behaviour. Disciplinary Aspects of the Execution of Psychiatric Disciplinary Actions"] How should a psychiatric hospital react to rule infringements by its residents, and specifically to any infringements of standards, which restrict the orderly procedures of the hospital and make the communal living of the patients more difficult? The legislators from the different Federal State Legislatures have decided not to plan for an explicit disciplinary law concerning the execution of prison rules for improvement and security. This work examines the question of whether a codified disciplinary law is preferable. It seeks an answer to this question, not only through a legally dogmatic examination of the subject but also through sociological analyses, its own empirical investigations and through legally comparable considerations of the execution of the regulations in the Netherlands. This creates a multi-layered picture of the problem of the legal control of society under the conditions of state imprisonment.