The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.
Code de procédure pénale annoté
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LexisNexis Practice Guide: Florida criminal practice and procedure
The Court upheld the legality of the search over defendant's objections : Since Rawls [ the cousin ) was a joint owner of the bag , he clearly had authority to consent to its search . The officers therefore found evidence against the ...
Hebrew and Mexican Procedural Law: Comparative Aspects
Gibson [1991] Crim LR 642 . . . 12.11 Feltham Justices, ex p. Rees [2001] 2 Cr App R (S) 1 . . . 21.16.1 Finley [1993] Crim LR 50 . . . Fig. 6.1 Flemming (1988) 86 Cr App R 32 . . . 6.6 Flynn [2008] 2 Cr App R 20 .
14.2.2 Drummond [ 2002 ] 2 Cr App R 352 ... 15.7.1 Duggan and Chohan [ 2006 ] 1 Cr App R 3 ... 19.7.4 Gibson ( 1887 ] LR 18 QBD ... 18.3 Gilmore [ 2005 ] 2 Cr App R 21 ... 19.7.1 , 19.7.5 Gleeson [ 2004 ] 1 Cr App R 29 .
El derecho internacional y el derecho internacional de los derechos humanos aplicados al juicio oral: el rompimiento de un paradigma
The Annotated Ordinances of Hong Kong: 刑事訴訟程序條例(第221章). Criminal Procedure Ordinance (Cap 221)
15 Alan M. Dershowitz, The Best Defense xxi (1982) (stating that two rules of “the justice game” are: (1) “[a]lmost all criminal defendants are in fact guilty”; and (2) “[a]ll defense lawyers, prosecutors and judges understand and ...