Nantilus
Effective criminal defence in Europe
A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European...
| Auteurs principaux : | , , , |
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| Format : | Livre |
| Langue : | anglais |
| Titre complet : | Effective criminal defence in Europe / Ed Cape, Zaza Namoradze, Roger Smith,... [et al.] |
| Publié : |
Antwerp, Oxford, Portland, [Maastricht] :
Intersentia
, DL 2010 Metro |
| Description matérielle : | 1 vol. (XXXI-657 p.) |
| Collection : | IUS commune Europaeum ; 87 |
| Sujets : |
| Résumé : | A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational LegalResearch at Maastricht University. 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 following trial. Initial attempts by the European Union to establish minimu procedural rights for suspects and defendants failed in 2007 in the face of opposition by a number of member states who argued that the ECHR rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defence rights are again on the agenda. Based on a three year researchstudy, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitorial, adversarial and post-state socialist : Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. Part I sets out the research methodology and an analysis of the baseline requirements that, according to European Court of Human Rights case law, have an impact on the rights of the accused. In addition to the general fair trial rights, such as the presumption of innocence, the right to silence, equality of arms, and the (conditionnal) right to release pending trial, the rights explored include : the right to information, the right to legal assistance and legal aid and a number of procedural rights such as the right to adequate time and facilities to prepare a defence, participation rights, the right to free interpretation and translation and the right to reasoned decisions and to appeal. Part II consists of a description and critical analysis of access to effective criminal defence in the nine countries in the study. Part III includes a cross-jurisdictional analysis of compliance, in law and in pratctice, with the ECHR requirements. It also contains an analysis of how they interrelate, and of wether structures, syctems and legal cultures exist to enable individuals to effectively exercise these rights. This volume sets out to contribute to the implementation of the rights of suspects and defendants to a real and effective defence, especially for those who lack the means to pay for legal assistance themselves. The recommandattions are designed to contribute to the development of meaningful policies and processes that will help to ensure effective criminal defence across the EU. The book is essential reading for academics, researchers, students, defence lawyers and policy-makers in the area of criminal justice in Europe. |
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| Notes : | Autre mention de responsabilité : Taru Spronken |
| Bibliographie : | Bibliogr. en fin de chaque chapitre. Notes bibliogr. |
| ISBN : | 978-94-000-0093-3 |