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Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings

Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings

Hardcover

Series: International Criminal Justice, Book 8

General Law

ISBN10: 9462651523
ISBN13: 9789462651524
Publisher: T.M.C. Asser Press
Published: Oct 21 2016
Pages: 273
Weight: 1.28
Height: 0.69 Width: 6.14 Depth: 9.21
Language: English

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings.

Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness--as derived from ECtHR case law--is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate.

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General Law