The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights And Its Functions In Criminal Justice Of Selected European Countries

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The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries

Author : Malgorzata Wasek-Wiaderek (Auteur)
Publisher : Leuven University Press
ISBN 13 : 9789058670908
Total Pages : 68 pages
Book Rating : 4.6/5 (79 download)

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Book Synopsis The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries by : Malgorzata Wasek-Wiaderek (Auteur)

Download or read book The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries written by Malgorzata Wasek-Wiaderek (Auteur) and published by Leuven University Press. This book was released on 2000 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.

The Principle of Equality of Arms in Criminal Procedure Under Article 6 of the European Convention on Human Rights

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis The Principle of Equality of Arms in Criminal Procedure Under Article 6 of the European Convention on Human Rights by :

Download or read book The Principle of Equality of Arms in Criminal Procedure Under Article 6 of the European Convention on Human Rights written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights

Author : Omkar Sidhu
Publisher :
ISBN 13 : 9781780681641
Total Pages : 0 pages
Book Rating : 4.6/5 (816 download)

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Book Synopsis The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights by : Omkar Sidhu

Download or read book The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights written by Omkar Sidhu and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resumen: 1. A Background for Article 6 - 2. Equality of Arms - 3. Equality of Arms and the Right to Challenge and Call Witness Evidence - 4. Equality of Arms and the Right to Adequate Time and Facilities.

Victimology and Victim Rights

Author : Tyrone Kirchengast
Publisher : Taylor & Francis
ISBN 13 : 1317002296
Total Pages : 279 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Victimology and Victim Rights by : Tyrone Kirchengast

Download or read book Victimology and Victim Rights written by Tyrone Kirchengast and published by Taylor & Francis. This book was released on 2016-10-04 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

Author : Ola Johan Settem
Publisher : Springer
ISBN 13 : 3319248839
Total Pages : 532 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings by : Ola Johan Settem

Download or read book Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings written by Ola Johan Settem and published by Springer. This book was released on 2015-12-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

European Criminal Law

Author : Kai Ambos
Publisher :
ISBN 13 : 1107119693
Total Pages : 705 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Criminal Law by : Kai Ambos

Download or read book European Criminal Law written by Kai Ambos and published by . This book was released on 2018-06-07 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.

The Internationalisation of Criminal Evidence

Author : John D. Jackson
Publisher : Cambridge University Press
ISBN 13 : 110701865X
Total Pages : 443 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson

Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Privacy, Due Process and the Computational Turn

Author : Mireille Hildebrandt
Publisher : Routledge
ISBN 13 : 1134619081
Total Pages : 271 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Privacy, Due Process and the Computational Turn by : Mireille Hildebrandt

Download or read book Privacy, Due Process and the Computational Turn written by Mireille Hildebrandt and published by Routledge. This book was released on 2013-06-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.

Human Rights in the Prevention and Punishment of Terrorism

Author : Alex Conte
Publisher : Springer Science & Business Media
ISBN 13 : 3642116086
Total Pages : 885 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Human Rights in the Prevention and Punishment of Terrorism by : Alex Conte

Download or read book Human Rights in the Prevention and Punishment of Terrorism written by Alex Conte and published by Springer Science & Business Media. This book was released on 2010-07-03 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Human Rights in Criminal Procedure

Author : John Albert Andrews
Publisher : BRILL
ISBN 13 : 9789024725526
Total Pages : 460 pages
Book Rating : 4.7/5 (255 download)

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Book Synopsis Human Rights in Criminal Procedure by : John Albert Andrews

Download or read book Human Rights in Criminal Procedure written by John Albert Andrews and published by BRILL. This book was released on 1982-05-26 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.

Handbook of European Criminal Procedure

Author : Roberto E. Kostoris
Publisher : Springer
ISBN 13 : 3319724622
Total Pages : 450 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Handbook of European Criminal Procedure by : Roberto E. Kostoris

Download or read book Handbook of European Criminal Procedure written by Roberto E. Kostoris and published by Springer. This book was released on 2018-04-12 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Dawn Raids Under Challenge

Author : Helene Andersson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920161
Total Pages : 308 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Dawn Raids Under Challenge by : Helene Andersson

Download or read book Dawn Raids Under Challenge written by Helene Andersson and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European Commission's dawn raid practices in competition cases from a fundamental rights perspective. In recent years, the Commission has adopted a new and more aggressive enforcement policy, amid a growing awareness that cartels and abuse of market power represent an economic harm and need to be punished. In response, enforcement has been strengthened by the grant of more wide-reaching powers to competition authorities. But how does this impact on the framework of fundamental rights? This study seeks to answer that question by examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertakings, the EU courts' judicial control is not equally balanced. This book is an essential and timely examination of this important question.

The Principle of Equality of Arms in International Criminal Proceedings

Author : Mascha Fedorova
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681115
Total Pages : 529 pages
Book Rating : 4.6/5 (811 download)

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Book Synopsis The Principle of Equality of Arms in International Criminal Proceedings by : Mascha Fedorova

Download or read book The Principle of Equality of Arms in International Criminal Proceedings written by Mascha Fedorova and published by Intersentia Uitgevers N V. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)

Defense Perspectives on International Criminal Justice

Author : Colleen Rohan
Publisher : Cambridge University Press
ISBN 13 : 1108161642
Total Pages : 629 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Defense Perspectives on International Criminal Justice by : Colleen Rohan

Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

Introduction to the European Convention on Human Rights

Author : Jean-François Renucci
Publisher : Council of Europe
ISBN 13 : 9789287157157
Total Pages : 132 pages
Book Rating : 4.1/5 (571 download)

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Book Synopsis Introduction to the European Convention on Human Rights by : Jean-François Renucci

Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci and published by Council of Europe. This book was released on 2005-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Effective Criminal Defence in Europe

Author : Ed Cape
Publisher : Intersentia NV
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Effective Criminal Defence in Europe by : Ed Cape

Download or read book Effective Criminal Defence in Europe written by Ed Cape and published by Intersentia NV. This book was released on 2010 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Legacies of the International Criminal Tribunal for the Former Yugoslavia

Author : Carsten Stahn
Publisher : Oxford University Press
ISBN 13 : 0192607944
Total Pages : 672 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Legacies of the International Criminal Tribunal for the Former Yugoslavia by : Carsten Stahn

Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by Oxford University Press. This book was released on 2020-06-10 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.