By Koen Vriend
In smooth societies, complete felony trials are kept away from on many events. This publication is worried with mechanisms that both divert from or accelerate the proceedings.
Koen Vriend argues that the reasonable trial rights as verified via the eu court docket of Human Rights below Article 6 ECHR offer a normative framework that doesn't in basic terms observe in a whole felony trial, yet that it could possibly even be used for diverted and shortened court cases. He exhibits that the idea that of fairness―as derived from ECtHR case law―is a primary precept that underlies all felony legislation enforcement. It presents for the proper framework to evaluate even if diverted or shortened court cases are reasonable and legitimate.
The publication is meant for felony legislations students and practitioners and human rights scholars.
Dr. Koen Vriend is a Lecturer of legal legislation and legal Procedural legislation on the college of Amsterdam.
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Additional resources for Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings
Doc. CCPR/C/74/D/802/1998 (2002), (Rogerson v. 5. 76 28 2 Diversions, Shortcuts and the Concept of Fairness Despite the close relationship between the right to a reasoned judgment and the possibility to challenge the judgment, it is argued that a reasoned judgment is an important element of the concept of fairness in criminal proceedings. Especially when no remedy is available, it is essential to provide the accused with a reasoned judgment. 5 Diversions and the Concept of Fairness The normative framework of participation rights described above applies without more to proceedings conducted before a court: any shortcut to proof cannot evade the test of fairness.
Belgium), para 90. ’ ECtHR, 1 July 2003, App. : 37801/97, (Suominen v. Finland), para 37. 75 It is obvious that any effective appeal procedure requires a reasoned judgment by the first-instance court. It is, however, a different question whether the right to a reasoned judgment should be linked automatically with the right to challenge that judgment or even whether the accused has a right to challenge the judgment at all. The right to appeal is, as such, not absolute. 76 No right of appeal exists in relation to offences of a minor character.
Cameron May Publishing, London, pp 19–89 Vasiliev SV (2014) International criminal trials: a normative theory. University of Amsterdam, PhD-thesis Weigend T (2006) Why have a trial when you can have a bargain? In: Duff A, Farmer L, Marshall S, Tadros V (eds) The trial on trial vol. 2: judgment and calling to account. Hart Publishing, Oxford, pp 207–222 Chapter 3 Diversions and Shortcuts in Dutch Law of Criminal Procedure Abstract In this chapter diversions and shortcuts to proof in the Dutch criminal justice system are discussed.
Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings by Koen Vriend