Effective Criminal Defence in EuropeEvery 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 |
Contents
Effective Criminal Defence and Fair Trial | 3 |
The European Convention on Human Rights and the right to effective | 23 |
4 | 35 |
Copyright | |
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Common terms and phrases
accused appeal apply arrest bail Bar Association Cassation Chapter charge client Code concerning conducted Constitution conviction Court of Cassation Crim crime criminal justice system criminal procedure criminal proceedings Crown Court custody decision defence counsel defence rights detained ECHR ECtHR effective criminal defence effective defence equality of arms Euro European evidence example fact fair trial FHCJ Finland German he/she hearing his/her Human Rights indictment indigent interpretation and translation interrogation Interview with attorney investigating authority investigating judge investigation phase investigative stage judgment judicial jurisdictions legal advice legal aid legal assistance legal representation Legal Services Commission letter of rights mandatory Ministry of Justice obligation offence particular person Poland practice pre-trial detention pre-trial investigation present presumption of innocence principle professional prosecution prosecutor reasons regard relevant remuneration request right to legal right to silence rule sentence suspect/defendant suspects and defendants witnesses