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Author: Ed Cape Publisher: Intersentia NV ISBN: Category : Law Languages : en Pages : 696
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: Ed Cape Publisher: Intersentia NV ISBN: Category : Law Languages : en Pages : 696
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: Council of Europe. Committee of Ministers Publisher: Council of Europe ISBN: 9287159823 Category : Law Languages : en Pages : 133
Book Description
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Author: J. H. Crijns Publisher: ISBN: 9789462366879 Category : Detention of persons Languages : en Pages : 0
Book Description
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
Author: Great Britain: Parliament: House of Lords: European Union Committee Publisher: The Stationery Office ISBN: 0104011297 Category : Law Languages : en Pages : 172
Book Description
It is estimated that at any one time 4,500 EU nationals are held in custody in countries other than their normal place of residence. As they are less likely to be granted bail (because of a greater perceived of absconsions) the Commission has proposed a European supervision order (ESO), which would mean that authorities in a person's home State would also be responsible for returning them for trial. This report examines the proposal in detail and makes some recommendations for improvement. The Committee welcome the proposal and think it deserves prompt attention by Member States.
Author: Jeremy McBride Publisher: Council of Europe ISBN: 928718741X Category : Political Science Languages : en Pages : 529
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: Christine Morgenstern Publisher: Taylor & Francis ISBN: 1000953165 Category : Law Languages : en Pages : 267
Book Description
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Author: Richard L. Lippke Publisher: Oxford University Press ISBN: 0190469196 Category : Law Languages : en Pages : 289
Book Description
Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Author: Marcelo F. Aebi Publisher: Council of Europe ISBN: 9287189781 Category : Political Science Languages : en Pages : 85
Book Description
Is there really an over-representation of foreign citizens in European prisons? Is the presence of foreign inmates comparable across regions and countries of Europe? How can one explain the differences in the trends shown by the absolute numbers and the percentages of foreign inmates from 2005 to 2015? Do foreign citizens have less access than nationals to alternatives to imprisonment? Do the data available allow researchers to establish whether the growth in the use of community sanctions and measures since the 1990s plays a role in the fluctuations observed in the percentage of foreign inmates? The answers to these and many other questions can be found in this book, which compiles and updates a series of specific indicators collected over 11 years through the Council of Europe Annual Penal Statistics (better known as the SPACE statistics), and accompanies the two volumes on prisons in Europe 2005-2015 in this collection. This volume includes maps and tables illustrating the state of prison (2005-2015) and probation agencies (2009-2015). In addition, the situation is analysed through individual country profiles, which include key facts and graphs covering the years 2005-2015.
Author: Ed Cape
Author: Ed Cape
Author: Council of Europe. Committee of Ministers
Author: J. H. Crijns
Author: Great Britain: Parliament: House of Lords: European Union Committee
Author: Jeremy McBride
Author: Christine Morgenstern
Author: A. M. van Kalmthout
Author: A. M. van Kalmthout
Author: Richard L. Lippke
Author: Marcelo F. Aebi