By Koen Vriend
In sleek societies, complete legal trials are refrained from on many events. This booklet is anxious with mechanisms that both divert from or accelerate the proceedings.
Koen Vriend argues that the reasonable trial rights as demonstrated via the eu courtroom of Human Rights lower than Article 6 ECHR offer a normative framework that doesn't basically follow in a whole felony trial, yet that it may well even be used for diverted and shortened complaints. He indicates that the concept that of fairness―as derived from ECtHR case law―is a primary precept that underlies all legal legislation enforcement. It offers for the correct framework to evaluate even if diverted or shortened complaints are reasonable and legitimate.
The e-book is meant for legal legislation students and practitioners and human rights scholars.
Dr. Koen Vriend is a Lecturer of legal legislation and felony Procedural legislations on the collage of Amsterdam.
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Extra resources for Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings
Hum Rights Law Rev 3:27–51 Perry S (1997) Two models of legal principles. Iowa Law Rev 82:787–819 Peters AAG (1972) Het rechtskarakter van het strafrecht. In: Buruma Y (ed) (1999) 100 Jaar strafrecht. Klassieke teksten van de twintigste eeuw. Amsterdam University Press, Amsterdam, pp 271–287 34 2 Diversions, Shortcuts and the Concept of Fairness Peters AAG (1975) Individuele vrijheid en de positie van verdachten in het strafproces. In: Gunning M. G. Peters. Gouda Quint, Arnhem, pp 79–106 Peters LJJ (2012) Vonnisafspraken in strafzaken.
The criteria are not cumulative. When a State Party has labelled an offence as criminal, the guarantees of Article 6 apply without more. ECtHR (GC), 9 October 2003, App. : 39665/98 and 40086/98, (Ezeh and Connors v. United Kingdom), para 86. 83 ECtHR, 27 February 1980, App. : 6903/75, (Deweer v. Belgium), para 46. was the case in Deweer, where the applicant was faced with an offer for friendly settlement by the Belgian public prosecutor for violations of economic regulations. If he would refuse, a closure order for the applicant’s shop would come into force.
See: Fedorova 2012, p. 27. 59 Article 6(3)(a) and (e), for example, ensure that the accused is put on notice of the charges formulated against him. Trechsel argued that the wording of sub-paragraph (a) creates the obligation to automatically render any relevant information to the accused. 60 The aspect of informed involvement is closely related to the right to have adequate time and facilities for the preparation of the defence, protected under Article 6(3)(b). An effective defence presupposes full knowledge of the evidence that has been collected against the defendant.