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传统上每一个国家都是适用它自己的刑法和刑事诉讼法。这些法律领域的样态素来是每一个国家最紧密的主权范围事项。伴随着二战以后欧共体和欧盟的创立,在欧洲,这种局面发生了根本性改变,至少对于暂时作为欧盟成员国的28个国家的确如此~([1])。近年来,欧盟可以创制超国家刑事法的问题在欧洲已经毋庸质疑了,一方面有大量的欧盟指令要求欧盟成员国的立法者针对违反欧盟法或侵害欧盟重要利益的行为给予有效制裁,尤其是采取入罪化的
Traditionally, every country applies its own criminal and criminal procedure laws. The pattern of these legal fields has always been the closest sovereignty issue in every country. With the creation of the EC and the European Union after World War II, this situation has fundamentally changed in Europe, at least for the 28 countries that are temporarily members of the European Union (1). In recent years, the European Union has been able to create a supranational criminal law. There is no doubt in Europe that on the one hand, a large number of EU directives require legislators from EU member states to impose effective sanctions against those who violate the EU law or violate the EU’s important interests. In particular, Adopt criminalization