The Need for EU Pre-trial Detention Rules PDF Download
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Author: Estella Baker
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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Author: Estella Baker
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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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: Council of Europe. Committee of Ministers
Publisher: Council of Europe
ISBN: 9287159823
Category : Law
Languages : en
Pages : 133
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This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Author: United Nations Centre for Human Rights
Publisher: New York and Geneva : United Nations
ISBN:
Category : Law
Languages : en
Pages : 72
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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: Voislav Stojanovski
Publisher: LAP Lambert Academic Publishing
ISBN: 9783659565090
Category :
Languages : en
Pages : 192
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Book Description
With the entry into force of the Treaty of Lisbon, the EU has acquired a competence in criminal procedure law and in the field of procedural rights of persons who are accused of committing a criminal offence. Harmonizing the way in which criminal proceedings are being conducted and safeguarding the rights of the accused in a uniform manner throughout the EU has therefore become possible. This book addresses international legislative measures which are already in place, underway, or planned to be adopted in near future. Additionally, the case-law with regard to pre-trial detention of a number of international courts is analyzed. Together, they serve as the starting point leading to an answer of the main questions that this book poses: Do we already have minimum standards stemming from international law with regard to criminal proceedings involving pre-trial detention? If so, are they properly understood and applied at national level in the Member States of the EU? If not, what is the European Union doing or can do to improve the rights of persons in pre-trial detention? The analysis should be especially useful to criminal justice professionals working in the area of EU law.
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: Stanislaw J. Frankowski
Publisher: BRILL
ISBN: 9004478914
Category : Law
Languages : en
Pages : 318
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Book Description
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Author: United States. Congress. Commission on Security and Cooperation in Europe
Publisher:
ISBN:
Category : CSCE Meeting on the Human Dimension
Languages : en
Pages : 26
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Author: A. M. van Kalmthout
Publisher:
ISBN:
Category : Detention of persons
Languages : en
Pages : 1014
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Book Description
