Pre Trial Detention In The European Union

Author : Christine Morgenstern,Walter Hammerschick,Mary Rogan
Publisher : Taylor & Francis
Page : 267 pages
File Size : 40,8 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000953169

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European Perspectives on Pre-Trial Detention by Christine Morgenstern,Walter Hammerschick,Mary Rogan Pdf

High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.

Author : J. H. Crijns,Bas J. G. Leeuw,Hilde Tonja Wermink
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2016
Category : Detention of persons
ISBN : 946236687X

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Pre-trial Detention in the Netherlands by J. H. Crijns,Bas J. G. Leeuw,Hilde Tonja Wermink Pdf

The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]

Author : United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch
Publisher : New York and Geneva : United Nations
Page : 72 pages
File Size : 50,5 Mb
Release : 1994
Category : Law
ISBN : UOM:39015034857808

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Human Rights and Pre-trial Detention by United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch Pdf

Author : F. McNeill,K. Beyens
Publisher : Springer
Page : 251 pages
File Size : 53,8 Mb
Release : 2013-11-26
Category : Social Science
ISBN : 9781137379191

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Offender Supervision in Europe by F. McNeill,K. Beyens Pdf

Offender supervision in Europe has developed rapidly in scale, distribution and intensity in recent years. However, the emergence of mass supervision in the community has largely escaped the attention of legal scholars and social scientists more concerned with the mass incarceration reflected in prison growth. As well as representing an important analytical lacuna for penology in general and comparative criminal justice in particular, the neglect of supervision means that research has not delivered the knowledge that is urgently required to engage with political, policy and practice communities grappling with delivering justice efficiently and effectively in fiscally straitened times, and with the challenges of communicating the meaning, legitimacy and utility of supervision to an insecure public. This book reports the findings from a survey of European research on this topic, undertaken during the first year of a European research network that spans twenty countries. As such, it provides the first comprehensive review of research on offender supervision in Europe, opening up an important new field of enquiry for comparative social science, and offering the prospects of better informed democratic deliberation about key challenges facing contemporary justice systems, policymakers and practitioners, and the societies they seek to serve.

Author : Stefano Ruggeri
Publisher : V&R unipress GmbH
Page : 299 pages
File Size : 40,9 Mb
Release : 2012
Category : Law
ISBN : 9783899719673

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Liberty and Security in Europe by Stefano Ruggeri Pdf

Over recent years, most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures. This book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.

Author : Stanislaw J. Frankowski,Dinah Shelton
Publisher : BRILL
Page : 318 pages
File Size : 53,7 Mb
Release : 2022-05-09
Category : Law
ISBN : 9789004478916

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Preventive Detention by Stanislaw J. Frankowski,Dinah Shelton Pdf

Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.

Author : Libor Klimek
Publisher : Springer
Page : 742 pages
File Size : 52,9 Mb
Release : 2016-12-09
Category : Law
ISBN : 9783319443775

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Mutual Recognition of Judicial Decisions in European Criminal Law by Libor Klimek Pdf

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

Author : Marion Charret-Del Bove,Fabrice Mourlon
Publisher : Cambridge Scholars Publishing
Page : 250 pages
File Size : 40,9 Mb
Release : 2014-06-19
Category : Law
ISBN : 9781443861847

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Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems by Marion Charret-Del Bove,Fabrice Mourlon Pdf

Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.

Author : Ed Cape
Publisher : Intersentia NV
Page : 696 pages
File Size : 55,5 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134521504

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Effective Criminal Defence in Europe by Ed Cape Pdf

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

Author : Auke Willems
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 44,6 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509924554

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The Principle of Mutual Trust in EU Criminal Law by Auke Willems Pdf

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Author : Katalin Ligeti
Publisher : Bloomsbury Publishing
Page : 1096 pages
File Size : 44,6 Mb
Release : 2012-12-17
Category : Law
ISBN : 9781782250456

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Toward a Prosecutor for the European Union Volume 1 by Katalin Ligeti Pdf

In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Author : Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher : The Stationery Office
Page : 124 pages
File Size : 52,5 Mb
Release : 2012-03-22
Category : Political Science
ISBN : 0215043421

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Fifty-ninth report of session 2010-12 by Great Britain: Parliament: House of Commons: European Scrutiny Committee Pdf

Fifty-ninth report of Session 2010-12 : Documents considered by the Committee on 14 March 2012, including the following recommendations for debate, White Paper on Pensions; EU criminal justice legislation and detention, report, together with formal Minute

Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
Page : 133 pages
File Size : 49,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287159823

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European Prison Rules by Council of Europe. Committee of Ministers Pdf

This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

Author : A. M. van Kalmthout,Marije M. Knapen,Christine Morgenstern
Publisher : Unknown
Page : 1014 pages
File Size : 43,5 Mb
Release : 2009
Category : Detention of persons
ISBN : STANFORD:36105134511810

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Pre-trial Detention in the European Union by A. M. van Kalmthout,Marije M. Knapen,Christine Morgenstern Pdf

Author : Auke Willems
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 42,5 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509924561

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The Principle of Mutual Trust in EU Criminal Law by Auke Willems Pdf

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.