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Author: J. H. Crijns
Publisher:
ISBN: 9789462366879
Category : Detention of persons
Languages : en
Pages : 0
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Book Description
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
Author: J. H. Crijns
Publisher:
ISBN: 9789462366879
Category : Detention of persons
Languages : en
Pages : 0
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Book Description
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
Author: Violaine Chloé Veen
Publisher:
ISBN: 9789053353912
Category :
Languages : en
Pages : 168
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Book Description
Author: J. Junger-Tas
Publisher: Kugler Publications
ISBN: 9789062990368
Category : Justice pour mineurs
Languages : en
Pages : 264
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Book Description
Author: Peter J P Tak
Publisher: Martinus Nijhoff Publishers
ISBN: 9004641963
Category : Law
Languages : en
Pages : 64
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Book Description
The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.
Author: P. J. P. Tak
Publisher:
ISBN:
Category : Criminal justice, Administration
Languages : en
Pages : 204
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Book Description
Author: Marion Charret-Del Bove
Publisher: Cambridge Scholars Publishing
ISBN: 1443861847
Category : Law
Languages : en
Pages : 250
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Book Description
Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.
Author: P. J. P. Tak
Publisher:
ISBN:
Category : Abortion
Languages : en
Pages : 226
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Book Description
Author: Christine Morgenstern
Publisher: Taylor & Francis
ISBN: 1000953165
Category : Law
Languages : en
Pages : 267
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Book Description
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Author: P. J. P. Tak
Publisher: Boom Koninklijke Uitgevers
ISBN: 9789054543039
Category : Law
Languages : en
Pages : 144
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Book Description
This book covers both the organization of the present Dutch criminal justice system and the main procedures used within the system.
Author: M. J. M. Brand-Koolen
Publisher:
ISBN:
Category : Corrections
Languages : en
Pages : 208
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Book Description
