Personal Participation In Criminal Proceedings

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Personal Participation in Criminal Proceedings

Serena Quattrocolo,Stefano Ruggeri
Personal Participation in Criminal Proceedings Book PDF

Author : Serena Quattrocolo,Stefano Ruggeri
Publisher : Springer
Page : 744 pages
File Size : 54,7 Mb
Release : 2019-01-21
Category : Law
ISBN : 9783030011864

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Personal Participation in Criminal Proceedings by Serena Quattrocolo,Stefano Ruggeri Pdf

This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.

Personal Participation in Criminal Proceedings

Serena Quattrocolo,Stefano Ruggeri
Personal Participation in Criminal Proceedings Book PDF

Author : Serena Quattrocolo,Stefano Ruggeri
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2019
Category : Comparative law
ISBN : 3030011879

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Personal Participation in Criminal Proceedings by Serena Quattrocolo,Stefano Ruggeri Pdf

This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.

Defendant Participation in the Criminal Process

Abenaa Owusu- Bempah
Defendant Participation in the Criminal Process Book PDF

Author : Abenaa Owusu- Bempah
Publisher : Taylor & Francis
Page : 200 pages
File Size : 42,8 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317664697

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Defendant Participation in the Criminal Process by Abenaa Owusu- Bempah Pdf

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

Victim Participation in International Criminal Justice

Kinga Tibori-Szabó,Megan Hirst
Victim Participation in International Criminal Justice Book PDF

Author : Kinga Tibori-Szabó,Megan Hirst
Publisher : Springer
Page : 479 pages
File Size : 41,6 Mb
Release : 2017-07-08
Category : Law
ISBN : 9789462651777

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Victim Participation in International Criminal Justice by Kinga Tibori-Szabó,Megan Hirst Pdf

This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.

The Standing of Victims in the Procedural Design of the International Criminal Court

Tatiana Bachvarova
The Standing of Victims in the Procedural Design of the International Criminal Court Book PDF

Author : Tatiana Bachvarova
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 45,5 Mb
Release : 2017-05-18
Category : Law
ISBN : 9789004338616

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The Standing of Victims in the Procedural Design of the International Criminal Court by Tatiana Bachvarova Pdf

This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation or seeks to extend it beyond the contours determined by the founders of the ICC.

Defendant Participation in the Criminal Process

Abenaa Owusu- Bempah
Defendant Participation in the Criminal Process Book PDF

Author : Abenaa Owusu- Bempah
Publisher : Routledge
Page : 239 pages
File Size : 52,5 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317664680

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Defendant Participation in the Criminal Process by Abenaa Owusu- Bempah Pdf

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

A Theory of Punishable Participation in Universal Crimes

Terje Einarsen,Joseph Rikhof
A Theory of Punishable Participation in Universal Crimes Book PDF

Author : Terje Einarsen,Joseph Rikhof
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 42,9 Mb
Release : 2018-12-07
Category : Law
ISBN : 9788283481280

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A Theory of Punishable Participation in Universal Crimes by Terje Einarsen,Joseph Rikhof Pdf

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Participation in Crime

Alan Reed,Michael Bohlander
Participation in Crime Book PDF

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 736 pages
File Size : 48,8 Mb
Release : 2016-05-13
Category : Social Science
ISBN : 9781317084006

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Participation in Crime by Alan Reed,Michael Bohlander Pdf

Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

The Emerging Practice of the International Criminal Court

Carsten Stahn,Göran Sluiter
The Emerging Practice of the International Criminal Court Book PDF

Author : Carsten Stahn,Göran Sluiter
Publisher : BRILL
Page : 792 pages
File Size : 46,7 Mb
Release : 2008-12-10
Category : Business & Economics
ISBN : 9789004180758

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The Emerging Practice of the International Criminal Court by Carsten Stahn,Göran Sluiter Pdf

The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition.

Procedural Justice?

Brianne McGonigle Leyh
Procedural Justice Book PDF

Author : Brianne McGonigle Leyh
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2011
Category : Crime and criminals
ISBN : 1780680201

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Procedural Justice? by Brianne McGonigle Leyh Pdf

No further information has been provided for this title.

Victims of International Crimes: An Interdisciplinary Discourse

Thorsten Bonacker,Christoph Safferling
Victims of International Crimes An Interdisciplinary Discourse Book PDF

Author : Thorsten Bonacker,Christoph Safferling
Publisher : Springer Science & Business Media
Page : 405 pages
File Size : 42,6 Mb
Release : 2013-07-09
Category : Law
ISBN : 9789067049122

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Victims of International Crimes: An Interdisciplinary Discourse by Thorsten Bonacker,Christoph Safferling Pdf

In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Comparative Criminal Procedure

Jacqueline E. Ross,Stephen C. Thaman
Comparative Criminal Procedure Book PDF

Author : Jacqueline E. Ross,Stephen C. Thaman
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 49,7 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781781007198

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Comparative Criminal Procedure by Jacqueline E. Ross,Stephen C. Thaman Pdf

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

Victims Before the International Criminal Court

Christoph Safferling,Gurgen Petrossian
Victims Before the International Criminal Court Book PDF

Author : Christoph Safferling,Gurgen Petrossian
Publisher : Springer Nature
Page : 390 pages
File Size : 47,7 Mb
Release : 2021-09-16
Category : Law
ISBN : 9783030801779

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Victims Before the International Criminal Court by Christoph Safferling,Gurgen Petrossian Pdf

The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

Core Concepts in Criminal Law and Criminal Justice

Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Core Concepts in Criminal Law and Criminal Justice Book PDF

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 50,8 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

The Triggering Procedure of the International Criminal Court

Héctor Olásolo
The Triggering Procedure of the International Criminal Court Book PDF

Author : Héctor Olásolo
Publisher : BRILL
Page : 422 pages
File Size : 54,8 Mb
Release : 2005-10-01
Category : Business & Economics
ISBN : 9789047415749

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The Triggering Procedure of the International Criminal Court by Héctor Olásolo Pdf

The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.