Ius Comparatum - Global Studies in Comparative Law

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings

A Comparative View

Editors: Bachmaier Winter, Lorena, Thaman, Stephen C., Lynn, Veronica (Eds.)

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  • Addresses the confidentiality of attorney-client communications as a fair trial right in criminal proceedings
  • Analyses the right to confidential communications
  • Pursues a comparative approach
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About this book

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA.

The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level.

Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.



About the authors

Lorena Bachmaier WinterProfessor of Law at Complutense University of Madrid. She holds a Law Degree (1989) and also in Political Science, specialization International Relations (1989), from the Complutense University Dr. iur. at Complutense University (1994), with award for the best doctoral thesis in public law.  In 2015 she was awarded the prestigious Luis Portero Human Rights Award (Granada Royal Academy of Jurisprudence) and an honorary doctorate (Perú). She has written extensively on comparative law, human rights and criminal procedure, and the EU area of justice. She has been visiting scholar and guest lecturer in numerous Universities and academic institutions worldwide. She has worked as an international expert for the Council of Europe and other international organisations in the field of human rights standards and the rule of law in transitional democracies.  Stephen C. ThamanStephen C. Thaman (J.D., University of California, Berkeley; Dr. iur., University of Freiburg, Germany) is Professor of Law Emeritus at Saint Louis University, USA. He is the author of “Comparative Criminal Procedure: A Casebook Approach” (Carolina Acad. Press, 2nd edn. 2008), editor of “World Plea Bargaining” (Carolina Acad. Press, 2010) and “Exclusionary Rules in Comparative Perspective” (Springer, 2013), and co-editor of “Comparative Criminal Procedure” (Elgar, 2016). He was an Assistant Public Defender in Alameda County, California, from 1976–1987.  Veronica LynnLic. iur. Veronica Lynn studied law in Zurich, where she also completed internships and trained with major corporate law firms. She was admitted to the bar in Switzerland in 2016 while simultaneously being a doctoral student at the University of Zurich, writing her PhD thesis on the attorney-client privilege and working as an academic research assistant at the chair for criminal law and criminal procedure law of Prof. Dr. Wolfgang Wohlers at the University of Basel. She specializes in white-collar crime, criminal defence and criminal aspects of information technology and disruptive technologies. 

Table of contents (14 chapters)

Table of contents (14 chapters)
  • Introduction

    Pages 1-6

    Bachmaier Winter, Lorena

  • A Comparative View of the Right to Counsel and the Protection of Attorney-Client Communications

    Pages 7-73

    Bachmaier Winter, Lorena (et al.)

  • Attorney-Client Privilege in Mainland China’s Criminal Proceedings

    Pages 75-104

    Sun, Changyong (et al.)

  • Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial: The Situation in Germany

    Pages 105-132

    Weisser, Bettina

  • Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Greece

    Pages 133-152

    Triantafyllou, Georgios

Buy this book

eBook 96,29 €
price for Spain (gross)
  • ISBN 978-3-030-43123-5
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • Immediate eBook download after purchase and usable on all devices
  • Bulk discounts available
Hardcover 124,79 €
price for Spain (gross)
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Bibliographic Information

Bibliographic Information
Book Title
The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings
Book Subtitle
A Comparative View
Editors
  • Lorena Bachmaier Winter
  • Stephen C. Thaman
  • Veronica Lynn
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
44
Copyright
2020
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-43123-5
DOI
10.1007/978-3-030-43123-5
Hardcover ISBN
978-3-030-43122-8
Series ISSN
2214-6881
Edition Number
1
Number of Pages
VI, 440
Number of Illustrations
1 b/w illustrations, 1 illustrations in colour
Topics