Effective Criminal Defence In Europe
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Effective Criminal Defence In Europe
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Author : Ed Cape
language : en
Publisher: Intersentia NV
Release Date : 2010
Effective Criminal Defence In Europe written by Ed Cape and has been published by Intersentia NV this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
Effective Criminal Defence In Europe
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Author : Ed Cape
language : en
Publisher:
Release Date : 2010
Effective Criminal Defence In Europe written by Ed Cape and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Effective Criminal Defence in Europe summarizes the findings of a three-year research project to explore and compare access to effective defense in criminal proceedings across nine European jurisdictions. Every year, millions of people across Europe--innocent and guilty--are arrested and detained by the police. For some, their cases go no further than the police station. Many others eventually appear before a court and spend time in custody both before and following trial. This research examines not only how defense rights are framed in domestic legislation, and whether standards set by the European Convention on Human Rights are met, but also how these rights are implemented in practice and whether structures and systems exist to enable individuals to effectively exercise these rights. For instance, domestic legislation may provide for the right to a lawyer immediately on arrest, but if there is no system by which a lawyer can be contacted on a 24 hour basis, then the arrested person may not be in position to exercise their right to counsel effectively. It also considers legal and professional cultures: the law may provide for a right to cross-examine witnesses or to call evidence, but without lawyers who actively use these rights on behalf of defendants, they will not be available in practice. The summary (available for download) presents suggestions for overall European standards as well as specific findings and recommendations for nine countries: Belgium, England and Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey. Individual country reports are also available online. The complete results of the research, analysis, and conclusions are published in a book: Effective Criminal Defence in Europe, by E. Cape, Z. Namoradze, R. Smith, and T. Spronken (Antwerpen-Oxford: Intersentia, 2010). This project has been a joint undertaking of Maastricht University, JUSTICE, the University of the West of England, and the Open Society Justice Initiative. It was funded by the European Community and the Open Society Institute.
Effective Criminal Defence In Europe
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Author : E. T. Al Wouters Brems
language : en
Publisher:
Release Date : 2010-06-14
Effective Criminal Defence In Europe written by E. T. Al Wouters Brems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-14 with categories.
Defence Rights
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2012
Defence Rights written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.
Crime Policy In Europe
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2004-01-01
Crime Policy In Europe written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Political Science categories.
This publication contains a number of papers which highlight examples of good practice in relation to criminal policy in member states of the Council of Europe, set out under the headlines of: crime prevention, mediation and other community sanctions, the prison system, and criminal procedure. Many of the papers are written by members of the Criminological Scientific Council of the Council of Europe (CSC).
Effective Protection Of The Rights Of The Accused In The Eu Directives
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Author : Giuseppe Contissa
language : en
Publisher: BRILL
Release Date : 2022-04-04
Effective Protection Of The Rights Of The Accused In The Eu Directives written by Giuseppe Contissa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.
Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial
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Author : Silvia Allegrezza
language : en
Publisher:
Release Date : 2018
Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial written by Silvia Allegrezza and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Research Handbook On Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-03-25
Research Handbook On Eu Criminal Law written by Valsamis Mitsilegas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-25 with Law categories.
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
Eu Criminal Law And Policy
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Author : Joanna Beata Banach-Gutierrez
language : en
Publisher: Routledge
Release Date : 2016-07-28
Eu Criminal Law And Policy written by Joanna Beata Banach-Gutierrez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Procedural Safeguards For Suspects And Accused Persons In Criminal Proceedings
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Author : Coral Arangüena Fanego
language : en
Publisher: Springer Nature
Release Date : 2020-12-05
Procedural Safeguards For Suspects And Accused Persons In Criminal Proceedings written by Coral Arangüena Fanego and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-05 with Law categories.
Adopting a practical perspective, this book provides a comprehensive analysis of the Directives adopted by the European Union concerning the rights of and safeguards for suspected and accused persons in criminal proceedings. It is the result of a collaboration between scholars and legal practitioners, and the first work of its kind to examine all relevant rights and safeguards in a single volume. The book offers readers panoramic, functional and in-depth insights into the EU legal framework and related European case law, and highlights the main issues and gaps identified by the authors in legal practice. In addition, it provides recommendations, guidelines and effective solutions applicable to criminal proceedings.