Glossary

Definitions of legal concepts

Diplomatic and consular law

Diplomatic and consular law refers to the field of public international law that regulates diplomatic relations between the subjects of international law, especially between States, international organisations, other institutions and their respective authorities.

Of particular interest and relevance are the status, prerogatives, privileges and immunities of the diplomatic and consular mission, as well as the prerogatives, privileges and immunities of the respective agents.

Banking and financial markets law

Banking and financial law is based on a set of laws that regulate the activities of banks and other financial market participants. These regulations concern both public and private law.

Banking law is a branch of law which relates to the bank as an institution and as an active/passive subject of legal relations.

The activity of the financial intermediary takes on a static-publicistic dimension, which is reflected above all in the active and passive legal relations with the supervisory authorities. It also takes on a dynamic-privatistic dimension, which is expressed in the practical activity of the institution in its relations with private or institutional customers.

The activity of banks and financial intermediaries are important for clients who have entrusted their savings to the Bank, but they are also important and fundamental for the economic development of the State. This is why their regulations have public relevance.

The controls that are carried out aim to protect the savings, stability and liquidity of the banking system, but also the interests of the customers of the banks – individuals or companies.

Trust law

A trust is a legal agreement whereby one or more persons (settlors) transfer a part of the ownership of the rights or assets to another person (trustees) who is obliged to manage and administer them in accordance with the instructions contained therein. They may be the subject of the trust:

  • Movable property
  • Real estate
  • Rights in rem
  • Credit rights (e.g. shares)

The settlor may legitimize the trustee to perform specific acts on certain assets/rights.

Generally (with a few exceptions), once the assets are transferred to the trust, the settlor is no longer the owner, but they become the property of the trustee.

This institution is recognised in many continental countries under the Hague Convention of 1 July 1985, but it is not regulated by a national law. The settlor can then voluntarily choose which law to apply by referring to the jurisdictions (e.g. England) that regulate the trust in a more precise manner.

For this reason, the trusts are all different from each other. As they are very flexible, they are therefore able to meet even the most unique needs, sometimes even the most bizarre.

International cooperation in criminal matters

International cooperation in criminal matters refers to judicial cooperation between different jurisdictions for the performance of acts relating to a criminal trial or an ongoing procedure.

In simpler terms, when, during an investigation or trial, the acts which need to be rely on the territorial competence or jurisdiction of another judicial authority, the office where the investigation or trial is based makes a request for letters rogatory, requesting another foreign judicial authority to carry out acts which do not fall within its territorial competence or jurisdiction.

These acts can be:

  • Interrogation of witnesses
  • Acquisition of documents or other evidence
  • Seizure of assets
  • Other specific acts deemed necessary for the continuation of the investigation or trial

For the letter rogatory to be successful, the requested authority must have the necessary information, powers and tools to respond to the request for assistance. Of course, it is implicit that the requested acts should be among those for which the foreign authority is competent.

Criminal law

Criminal law is one of the most complex branches of law. For this reason, the intervention of a qualified and experienced criminal lawyer is necessary, because he is able to provide valid support during all stages and sets of the proceedings.

Having an excellent competence in the field is not enough; it is essential that a good criminal lawyer is constantly updated on new laws, doctrine and jurisprudence.

Generally speaking, a criminal lawyer deals with all legal matters following an act or omission which are considered a criminal offence by law.

This means that he can defend the accused as well as the victim, so both the person who has violated the law by committing a crime, and the person who is the victim of an illegal act.

 

The criminal lawyer therefore deals with a very sensitive legal branch, especially from a legal point of view.

Furthermore, a criminal lawyer may be required to intervene either for an ongoing investigation already underway, or for a direct complaint filed by a private citizen.

That is why, in criminal proceedings, choosing a specialised criminal lawyer to rely on is essential.

Given the complexity of the subject and the severity of the penalties that can be imposed, it is necessary to choose a lawyer on the basis of what he is specialized on.

A good criminal lawyer must constantly update the client on the development of the proceedings and above all must be able to advise the strategy to be implemented at all stages of the proceeding.

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