Download or read book Exclusionary Rules in Comparative Law written by Stephen C. Thaman and published by Springer Science & Business Media. This book was released on 2012-12-31 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Download or read book Information Sources in Law written by J.R. Winterton and published by Walter de Gruyter. This book was released on 2012-06-21 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of each volume of this series Guides to Information Sources is to reduce the time which needs to be spent on patient searching and to recommend the best starting point and sources most likely to yield the desired information. The criteria for selection provide a way into a subject to those new to the field and assists in identifying major new or possibly unexplored sources to those who already have some acquaintance with it. The series attempts to achieve evaluation through a careful selection of sources and through the comments provided on those sources.

Download or read book The Right to Counsel and the Protection of Attorney Client Privilege in Criminal Proceedings written by Lorena Bachmaier Winter and published by Springer Nature. This book was released on 2020-06-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Download or read book Commentario breve al Codice di procedura penale written by Giovanni Conso and published by . This book was released on 1987 with total page 1774 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commentario breve al Codice di procedura penale written by Giovanni Conso and published by . This book was released on 1987 with total page 1922 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fairness in Criminal Appeal written by Helena Morão and published by Springer Nature. This book was released on 2023-02-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.

Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by BRILL. This book was released on 2005-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Download or read book Commentario breve al nuovo Codice di procedura penale written by Giovanni Conso and published by . This book was released on 1999 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Effective Protection of the Rights of the Accused in the EU Directives written by Giuseppe Contissa and published by BRILL. This book was released on 2022-04-04 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.

Download or read book Audi Alteram Partem in Criminal Proceedings written by Stefano Ruggeri and published by Springer. This book was released on 2017-04-12 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Download or read book Who s who in Italy written by and published by . This book was released on 2000 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commentario breve al Codice di procedura penale Complemento giurisprudenziale Edizione per prove concorsuali ed esami written by Giovanni Conso and published by . This book was released on 2017 with total page 3785 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commentario breve al codice di procedura penale Complemento giurisprudenziale Appendice di aggiornamento 2018 written by Giovanni Conso and published by . This book was released on 2018 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

Download or read book Commentario breve al Codice di procedura penale Complemento giurisprudenziale written by Giovanni Conso and published by Cedam. This book was released on 2011 with total page 3108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Individual as Subject of International Cooperation in Criminal Matters written by Albin Eser and published by Nomos Verlagsgesellschaft. This book was released on 2002 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual's position as a "subject," commonplace in national proceedings, is not at all clear when the need for extradition, mutual assistance or some other form of international cooperation arises in the context of domestic criminal proceedings. This book analyzes traditional concepts in which only two dimensions are represented, namely, that of the requesting and that of the requested state. Beyond this, the authors searched for a full three-dimensionality as well. The general approach was: If the individual is recognized as having his or her own subjective, substantive and procedural rights, be they conferred by international treaties or conventions or simply by municipal law (here, especially, constitutional guarantees), the legal relationships under study can no longer be seen as two-dimensional. The project focussed not only on extradition but also on other forms of international cooperation in criminal matters, including the enforcement of sanctions. The "choice of forum" came to be seen as a special topic and turned out to be an issue of paramount importance. In addition, our study of international administrative cooperation allowed us to cover some crucial gray areas that would not otherwise have been identified, e.g., police cooperation and international cooperation in tax matters. The book contains national reports on Finland, Germany, Italy, the Netherlands and the United States as well as a report on the European Union.