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Posts tagged #serious crime

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VfGH: Mandatory Pre-trial Detention Lifted Also for Serious Crimes

Criminal Law 

The Austrian Constitutional Court (Verfassungsgerichtshof; VfGH) has overturned Section 173 (6) of the Austrian Code of Criminal Procedure (Strafprozessordnung; StPO) as unconstitutional. Even in the case of serious crimes, reasons for detention must...

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ECJ: Data Retention vs. Quick Freeze – What Is Legal?

European Law 

“I talked to Lisa on the phone for 30 minutes yesterday and was logged into the Munich-Pasing radio cell.” According to the European Court of Justice (ECJ), such suspicion-independent storage of network data (so-called data retention) by the state is...

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