Avoiding a full criminal trial : fair trial rights, diversions and shortcuts in Dutch and international criminal proceedings / Koen Vriend.
2016
KKM4610 .V75 2016 (Map It)
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Details
Author
Title
Avoiding a full criminal trial : fair trial rights, diversions and shortcuts in Dutch and international criminal proceedings / Koen Vriend.
Published
The Hague, The Netherlands : Asser Press ; Berlin [Germany] : Springer, [2016]
Call Number
KKM4610 .V75 2016
Former Call Number
Neth 860 V96 2016
ISBN
9789462651524
9462651523
9462651523
Description
xiv, 273 pages ; 24 cm.
System Control No.
(OCoLC)957141029
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 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.
Note
Based on author's dissertation, University of Amsterdam.
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 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.
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 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.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
1.
Full Criminal Proceedings in Decline
1
1.1.
Full Criminal Trial
2
1.2.
Purpose and Scope of the Study
4
1.3.
Terminology: Diversions, Shortcuts and a Full Criminal Trial
6
1.4.
Normative Framework
7
1.5.
Outline of the Book
8
References
9
2.
Diversions, Shortcuts and the Concept of Fairness
11
2.1.
Introduction
12
2.2.
Fairness and Evidence Law
12
2.3.
Principles and Rules
15
2.4.
Participation in Criminal Proceedings
18
2.4.1.
Non-compulsion
21
2.4.2.
Informed Involvement
23
2.4.3.
Challenging the Evidence
24
2.4.4.
Reasoned Judgment
26
2.5.
Diversions and the Concept of Fairness
28
2.6.
Conclusion
32
References
33
3.
Diversions and Shortcuts in Dutch Law of Criminal Procedure
35
3.1.
Introduction
36
3.1.1.
Rules of Admissibility
38
3.1.2.
Weighing the Evidence
43
3.1.3.
Reasoned Judgments
49
3.1.4.
Conclusion
52
3.2.
Diversions in Dutch Law of Criminal Procedure
53
3.2.1.
Introduction
53
3.2.2.
Punitive Order
53
3.2.3.
Transaction
59
3.2.4.
Conditional Dismissal
62
3.3.
Shortcuts in Dutch Law of Criminal Procedure
65
3.3.1.
Introduction
65
3.3.2.
Facts of Common Knowledge and Contextual Facts
65
3.3.3.
Chain Evidence
89
3.3.4.
Confessions
94
3.3.5.
Cases Ad Informandum
99
3.3.6.
Appeal Proceedings
103
References
111
4.
Diversions and Shortcuts in the Law of International Criminal Procedure
115
4.1.
Introduction
116
4.1.1.
Preliminary Observations
116
4.1.2.
Rules of Admissibility in International Criminal Proceedings
121
4.1.3.
Weighing the Evidence
134
4.1.4.
Reasoned Judgments
140
4.1.5.
Conclusion
141
4.2.
Diversions in the Law of International Criminal Procedure
142
4.2.1.
Introduction
142
4.2.2.
Guilty Pleas
143
4.2.3.
Legal Framework of Guilty Pleas Before the Ad Hoc Tribunals
143
4.2.4.
Admissions of Guilt at the ICC
151
4.3.
Shortcuts in the Law of International Criminal Procedure
153
4.3.1.
Introduction
153
4.3.2.
Agreed Facts
154
4.3.3.
Judicial Notice of Facts of Common Knowledge
158
4.3.4.
Judicial Notice of Adjudicated Facts and Documentary Evidence
172
4.3.5.
Appeal Proceedings
204
References
211
5.
Avoiding a Full Criminal Trial: Evading Fairness?
213
5.1.
Introduction
214
5.1.1.
Waiving Rights
216
5.1.2.
Outline
217
5.2.
Diversions and Shortcuts in Dutch Law of Criminal Procedure
217
5.2.1.
Diversions and the Participatory Model of Proof
217
5.2.2.
Shortcuts and the Participatory Model of Proof
225
5.3.
Diversions and Shortcuts in the Law of International Criminal Procedure
239
5.3.1.
Introduction
239
5.3.2.
Diversions and the Participatory Model of Proof
239
5.3.3.
Shortcuts and the Participatory Model of Proof
243
5.4.
Conclusion
259
References
259
6.
Why Fairness Matters
261
6.1.
Conclusion
261
6.2.
Case for Fairness
264
6.3.
Recommendations
267
Reference
270
Index
271