Personal Participation In Criminal Proceedings
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Personal Participation In Criminal Proceedings
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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.
Personal Participation In Criminal Proceedings
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Author : Serena Quattrocolo
language : en
Publisher:
Release Date : 2019
Personal Participation In Criminal Proceedings written by Serena Quattrocolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Comparative 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.
Defendant Participation In The Criminal Process
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Author : Abenaa Owusu- Bempah
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04
Defendant Participation In The Criminal Process written by Abenaa Owusu- Bempah and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
The Standing Of Victims In The Procedural Design Of The International Criminal Court
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Author : Tatiana Bachvarova
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2017-05-18
The Standing Of Victims In The Procedural Design Of The International Criminal Court written by Tatiana Bachvarova and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation or seeks to extend it beyond the contours determined by the founders of the ICC.
Victim Participation In International Criminal Justice
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Author : Kinga Tibori-Szabó
language : en
Publisher: Springer
Release Date : 2017-07-08
Victim Participation In International Criminal Justice written by Kinga Tibori-Szabó and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-08 with Law categories.
This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.
A Theory Of Punishable Participation In Universal Crimes
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Author : Terje Einarsen
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2018-12-07
A Theory Of Punishable Participation In Universal Crimes written by Terje Einarsen and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Law categories.
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.
Comparative Criminal Procedure
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Author : Jacqueline E. Ross
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Comparative Criminal Procedure written by Jacqueline E. Ross 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 2016-06-24 with Law categories.
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
The Emerging Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: BRILL
Release Date : 2008-12-10
The Emerging Practice Of The International Criminal Court written by Carsten Stahn and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-10 with Business & Economics categories.
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
The Triggering Procedure Of The International Criminal Court
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Author : Héctor Olásolo
language : en
Publisher: BRILL
Release Date : 2005-10-01
The Triggering Procedure Of The International Criminal Court written by Héctor Olásolo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-01 with Business & Economics categories.
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.