[PDF] Rights Of Suspected And Accused Persons Across The Eu eBook

Author :
Publisher :
Page : 109 pages
File Size : 23,68 MB
Release : 2016
Category :
ISBN : 9789294913494

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Protecting the human rights of individuals subject to criminal proceedings is an essential element of the rule of law. Persons who are suspected or accused of crimes in countries other than their own are particularly vulnerable, making appropriate procedural safeguards especially crucial. The European Union (EU) has introduced various initiatives to strengthen relevant protections, including Directive 2010/64/EU on the right to interpretation and translation and Directive 2012/13/EU on the right to information. These aim to ensure that all suspects and accused persons promptly receive information about their basic rights, and that they receive translation and interpretation services where necessary to fully exercise their right of defence. This report reviews Member States’ legal frameworks, policies and practices regarding the important rights provided in these directives, including with respect to individuals whose needs may require additional attention, such as persons with disabilities and children. Identifying opportunities to further bolster protection, the report aims to support Member States in their ongoing efforts to ensure justice across the EU.

Author : Coral Arangüena Fanego
Publisher : Springer Nature
Page : 88 pages
File Size : 32,47 MB
Release : 2020-12-05
Category : Law
ISBN : 3030611779

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Adopting a practical perspective, this book provides a comprehensive analysis of the Directives adopted by the European Union concerning the rights of and safeguards for suspected and accused persons in criminal proceedings. It is the result of a collaboration between scholars and legal practitioners, and the first work of its kind to examine all relevant rights and safeguards in a single volume. The book offers readers panoramic, functional and in-depth insights into the EU legal framework and related European case law, and highlights the main issues and gaps identified by the authors in legal practice. In addition, it provides recommendations, guidelines and effective solutions applicable to criminal proceedings.

Author : Tommaso Rafaraci
Publisher : Springer
Page : 212 pages
File Size : 41,2 MB
Release : 2018-12-13
Category : Law
ISBN : 3319973193

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This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.

Author : Giuseppe Contissa
Publisher : BRILL
Page : 344 pages
File Size : 41,29 MB
Release : 2022-04-04
Category : Law
ISBN : 9004513396

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The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.

Author : Gert Vermeulen
Publisher : Maklu
Page : 140 pages
File Size : 46,33 MB
Release : 2012
Category : Law
ISBN : 904660571X

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The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.

Author : Taru Spronken
Publisher : Maklu
Page : 118 pages
File Size : 22,66 MB
Release : 2009
Category : Law
ISBN : 9046603172

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All EU Member States are party to the European Convention on Human Rights (ECHR), which is the principal treaty setting out the basic standards for suspects' procedural rights in criminal proceedings in the EU. However, divergent practices in different Member States have hitherto hindered mutual trust and confidence between them. In order to counter this obstacle, the European Commission - in its 2003 Green Paper on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the EU - held that the EU is justified in taking action in this field. Member States had also expressed the need and wish for cooperation in the matter on a EU level. However, the ideas in the 2004 Commission Proposal for a Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union have not yet sparked any political agreement on the matter. In 2005, the Commission arranged for a study to be carried out on procedural rights in the EU in order to comply with the The Hague Programme's call for studies on the existing levels of safeguards in the Member states. This book contains the results of an EU-wide research project (JLS/2008/D3/002). The authors have conducted this follow-up report to the 2005 study, providing up-to-date information on the level of procedural rights in the Member States as a lead for possible new Commission legal initiative on the matter and as a boost for the Roadmap on Procedural Rights presented by the 2009 Swedish EU Presidency. The main procedural rights studied - the right to information, the right to legal advice, the right to legal assistance (partially) free of charge, and the right to interpretation and translation - seem to be guaranteed by law, more or less, in accordance with the ECHR in the criminal justice systems of the EU. However, a more in-depth look at the implementation of these rights raises doubts as to whether, in all Member States, everyday practice is in line with the Strasbourg standard. This underlines the need for EU action, probably even beyond this presumed acquis. Particularly striking is the fact that fundamental rights, such as the right to remain silent, to have access to the file, and to call and/or examine witnesses or experts, even if deemed basic requirements for a fair trial, are not provided for in legislation in all EU Member States.

Author : Stephanos Stavros
Publisher : Martinus Nijhoff Publishers
Page : 406 pages
File Size : 11,54 MB
Release : 1993-01-01
Category : Political Science
ISBN : 0792318978

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In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. "Dr Stavros" has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.

Author : Jodie Blackstock
Publisher :
Page : 0 pages
File Size : 37,52 MB
Release : 2014
Category : Detention of persons
ISBN : 9781780681573

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This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands, and England/Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings: the right to interpretation and translation, the right to information and the letter of rights, and the right to legal assistance before and during police interrogation. In order to examine how these procedural rights operate in practice, the book's authors spent two to five months in eight field sites across these four jurisdictions. They watched lawyers and police officers during the period of police custody, they examined case records, they observed lawyer-client consultations, and they attended suspect interrogations. Furthermore, they conducted 75 interviews with police officers, lawyers, and accredited legal representatives. In addition to producing and analyzing empirical data, the authors have developed training guidelines for lawyers and police officers involved in the police detention process for use across the EU. The project team also produced a series of recommendations for legislative and policy changes designed to ensure better enforcement of the EU procedural rights' instruments that are envisaged in the Stockholm Programme, a five-year plan with guidelines for justice and the home affairs of the Member States of the EU. (Series: Ius Commune Europaeum - Vol. 113)

Author : Ed Cape
Publisher : Intersentia NV
Page : 696 pages
File Size : 43,14 MB
Release : 2010
Category : Law
ISBN :

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Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a