Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial
DOWNLOAD
FREE 30 Days
Download Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial
DOWNLOAD
FREE 30 Days
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.
Effective Criminal Defence In Europe
DOWNLOAD
FREE 30 Days
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 Protection Of The Rights Of The Accused In The Eu Directives
DOWNLOAD
FREE 30 Days
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.
Judicial Protection In Transnational Criminal Proceedings
DOWNLOAD
FREE 30 Days
Author : Martin Böse
language : en
Publisher: Springer Nature
Release Date : 2020-10-28
Judicial Protection In Transnational Criminal Proceedings written by Martin Böse and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-28 with Law categories.
This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.
Personal Participation In Criminal Proceedings
DOWNLOAD
FREE 30 Days
Author : Serena Quattrocolo
language : en
Publisher: Springer
Release Date : 2019-01-21
Personal Participation In Criminal Proceedings written by Serena Quattrocolo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-21 with Law categories.
This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
The Right To Silence In Transnational Criminal Proceedings
DOWNLOAD
FREE 30 Days
Author : Fenella M. W. Billing
language : en
Publisher: Springer
Release Date : 2016-09-01
The Right To Silence In Transnational Criminal Proceedings written by Fenella M. W. Billing and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-01 with Law categories.
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Eu Criminal Justice
DOWNLOAD
FREE 30 Days
Author : Tommaso Rafaraci
language : en
Publisher: Springer
Release Date : 2018-12-13
Eu Criminal Justice written by Tommaso Rafaraci and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
Defence Rights
DOWNLOAD
FREE 30 Days
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.
Research Handbook On Eu Criminal Law
DOWNLOAD
FREE 30 Days
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
Obstacles To Fairness In Criminal Proceedings
DOWNLOAD
FREE 30 Days
Author : John D Jackson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-22
Obstacles To Fairness In Criminal Proceedings written by John D Jackson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-22 with Law categories.
This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.