Overview
- Illustrates the growing tendency of out-of-court criminal law enforcement
- Provides a human rights based normative framework to assess the legitimacy of diverted and shortened proceedings
- Assesses the rise of out-of-court settlements in criminal proceedings in a critical manner
- Includes supplementary material: sn.pub/extras
Part of the book series: International Criminal Justice Series (ICJS, volume 8)
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Table of contents (6 papers)
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Front Matter
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Back Matter
Keywords
About this book
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.
The book is intended for criminal law scholars and practitioners and human rights scholars.
Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.Authors and Affiliations
Bibliographic Information
Book Title: Avoiding a Full Criminal Trial
Book Subtitle: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings
Authors: Koen Vriend
Series Title: International Criminal Justice Series
DOI: https://doi.org/10.1007/978-94-6265-153-1
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press and the author 2016
Hardcover ISBN: 978-94-6265-152-4Published: 21 October 2016
eBook ISBN: 978-94-6265-153-1Published: 12 October 2016
Series ISSN: 2352-6718
Series E-ISSN: 2352-6726
Edition Number: 1
Number of Pages: XIV, 273
Topics: International Criminal Law , Human Rights, Criminal Law and Criminal Procedure Law