New PDF release: Avoiding a Full Criminal Trial: Fair Trial Rights,

By Koen Vriend

ISBN-10: 9462651523

ISBN-13: 9789462651524

ISBN-10: 9462651531

ISBN-13: 9789462651531

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.

Show description

Read Online or Download Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings PDF

Best foreign & international law books

Download PDF by David Rodin: War and Self-Defense

Whilst is it correct to visit battle? the main persuasive resolution to this query has constantly been 'in self-defense'. In a penetrating new research, bringing jointly ethical philosophy, political technology, and legislation, David Rodin indicates what is wrong with this solution. He proposes a complete new thought of the suitable of self-defense which resolves some of the confusing questions that experience dogged either jurists and philosophers.

Download e-book for iPad: The Prosecutor and the Judge: Benjamin Ferencz and Antonio by Heikelina Verrijn Stuart, Marlise Simons

Past this yr, the Praemium Erasmianum beginning bestowed its annual award—the Erasmus Prize—on Benjamin Ferencz and Antonio Cassese, pioneers within the box of overseas legislations. Ferencz, a number one American prosecutor, writer, and lecturer, was once current on the American struggle crimes trials in Dachau and was once the executive prosecutor within the Einsatzgruppen trials in Nuremburg.

Peter Hilpold's Das Kosovo-Gutachten des IGH vom 22. Juli 2010 PDF

The ICJ Opinion on Kosovo was once a lot awaited either in politics and in educational literature because it used to be anticipated to include not just a decisive verdict on a lasting controversy at the Balkans but additionally a ground-breaking stock-taking on many pivotal questions of overseas legislation. The Opinion passed down through the ICJ on 22 July 2010 instantly gave upward thrust to extreme discussions that made huge connection with concerns equivalent to self-determination, secession, country sovereignty, country popularity and the constitutionalization of the overseas legislations order.

New PDF release: The Nuremberg War Crimes Trial, 1945-46: A Documentary

Among November 1945 and October 1946, 22 high-ranking Nazi officers defended themselves earlier than the foreign army Tribunal. Reproducing major sections of the trial checklist, this quantity additionally outlines the heritage to the trial, lines the arrangements made through the primary actors within the court docket, and considers how the prosecution, safety, and tribunal handled the counts opposed to the accused.

Additional resources for Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings

Example text

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.

Download PDF sample

Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings by Koen Vriend

by William

Rated 4.50 of 5 – based on 18 votes