Effective Protection of the Rights of the Accused in the EU Directives PDF Download

Author: Giuseppe Contissa
Publisher: BRILL
ISBN: 9004513396
Category : Law
Languages : en
Pages : 344

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Book Description
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.

Author: Ed Cape
Publisher: Intersentia NV
ISBN:
Category : Law
Languages : en
Pages : 696

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Book Description
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

Author: Maria Rogacka-Rzewnicka
Publisher: BRILL
ISBN: 9004710329
Category : Law
Languages : en
Pages : 280

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Book Description
Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities’ principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance. This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.

Author: Isak Karabegovic
Publisher: Springer Nature
ISBN: 3031662717
Category :
Languages : en
Pages : 714

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Book Description

Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 928718741X
Category : Political Science
Languages : en
Pages : 529

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Book Description
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.

Author: José A. Brandariz
Publisher: Taylor & Francis
ISBN: 1000910946
Category : Law
Languages : en
Pages : 177

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Book Description
Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.

Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190659858
Category : Law
Languages : en
Pages : 1066

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Book Description
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Author: Libor Klimek
Publisher: Springer
ISBN: 3319443771
Category : Law
Languages : en
Pages : 768

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Book Description
This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

Author: Stefano Ruggeri
Publisher: Springer Science & Business Media
ISBN: 3319025708
Category : Law
Languages : en
Pages : 231

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Book Description
This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.