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Author Vriend, Koen, author.

Title Avoiding a full criminal trial : fair trial rights, diversions and shortcuts in Dutch and international criminal proceedings / Koen Vriend.

Published The Hague, Netherlands : Asser Press ; Heidelberg : Springer, [2016]


Location Call No. Status
Physical description 1 online resource (xiv, 273 pages)
Series International criminal justice series, 2352-6726 ; volume 8
International criminal justice series ; v. 8.
Springer English/International eBooks 2016 - Full Set
Bibliography Includes bibliographical references and index.
Contents Acknowledgements; Contents; Abbreviations; 1 Full Criminal Proceedings in Decline; Abstract ; 1.1 The Full Criminal Trial; 1.2 Purpose and Scope of the Study; 1.3 Terminology: Diversions, Shortcuts and a Full Criminal Trial; 1.4 The Normative Framework; 1.5 Outline of the Book; References; 2 Diversions, Shortcuts and the Concept of Fairness; Abstract ; 2.1 Introduction; 2.2 Fairness and Evidence Law; 2.3 Principles and Rules; 2.4 Participation in Criminal Proceedings; 2.4.1 Non-compulsion; 2.4.2 Informed Involvement; 2.4.3 Challenging the Evidence; 2.4.4 Reasoned Judgment
2.5 Diversions and the Concept of Fairness2.6 Conclusion; References; 3 Diversions and Shortcuts in Dutch Law of Criminal Procedure; Abstract ; 3.1 Introduction; 3.1.1 Rules of Admissibility; Intrinsic Exclusionary Rules; Extrinsic Exclusionary Rules; The Principle of Immediacy; 3.1.2 Weighing the Evidence; Conviction Intime and Conviction Raisonnée; Statutory and Free Systems of Evidence Law; 3.1.3 Reasoned Judgments; 3.1.4 Conclusion; 3.2 Diversions in Dutch Law of Criminal Procedure; 3.2.1 Introduction; 3.2.2 The Punitive Order; Safeguards Judicial Supervision3.2.3 The Transaction; The Legal Nature of the Transaction; Conditions; Safeguards; 3.2.4 The Conditional Dismissal; Legal Basis; Conditions; 3.3 Shortcuts in Dutch Law of Criminal Procedure; 3.3.1 Introduction; 3.3.2 Facts of Common Knowledge and Contextual Facts; Legal Framework; Different Categories of Facts of Common Knowledge; Contextual Facts; Crimes Committed in the Context of an Armed Conflict or a State of War; The First Post-WWII Years; Joining the German Armed Forces
Aiding the Enemy During a State of War3.3.2.5 More Recent Cases Regarding International Crimes; The Case Against Joseph M.; Appeal Proceedings; The Case Against Yvonne B.; The Cases Against Afghan Asylum Seekers; The Cases Against Dutch Nationals: Van Anraat; Appeal Proceedings; The Cases Against Dutch Nationals: Kouwenhoven; Appeal Proceedings; Conclusion; 3.3.3 Chain Evidence; Legal Framework; Different Concepts of Chain Evidence; 'Quasi Chain Evidence'; 'Superfluous Chain Evidence'; 'Real Chain Evidence'; 3.3.4 Confessions; Legal Framework The Confession and the Legal Character of Dutch Criminal Proceedings3.3.4.3 Plea Bargaining in Dutch Criminal Proceedings?; 3.3.5 Cases Ad Informandum; Legal Framework; Ad Informandum Cases as Shortcuts; 3.3.6 Appeal Proceedings; Legal Framework; The Scope of the Appeal Proceedings; The Character of Appeal Proceedings; Law in Action: Interviews with Judges; The Future of Appeal Proceedings in Criminal Cases; References; 4 Diversions and Shortcuts in the Law of International Criminal Procedure; Abstract ; 4.1 Introduction
Summary 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.
Other author SpringerLink issuing body.
Subject Criminal procedure -- Netherlands.
Criminal procedure (International law)
Electronic books.
Electronic books.
ISBN 9789462651531 (electronic bk.)
9462651531 (electronic bk.)