The principle of "equality of arms" in criminal procedure under Article 6 of the European Convention on Human Rights and its functions in criminal justice of selected European countries : a comparative view / Malgorzata Wasek-Wiaderek.
2000
KJC5132 .W37 2000 (Map It)
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Details
Author
Title
The principle of "equality of arms" in criminal procedure under Article 6 of the European Convention on Human Rights and its functions in criminal justice of selected European countries : a comparative view / Malgorzata Wasek-Wiaderek.
Published
Leuven : Leuven University Press, 2000.
Call Number
KJC5132 .W37 2000
Former Call Number
Comp 908 W27 2000
ISBN
9058670902
Description
64 pages ; 24 cm.
System Control No.
(OCoLC)313915084
Note
"Centre for Advanced Legal Studies"--Cover.
Bibliography, etc. Note
Includes bibliographical references (pages 55-57).
Series
Record Appears in
Added Corporate Author
Table of Contents
Introduction
7
1
The general concept of "due process of law" and its application in the continental and English legal system
9
1.1"Due process" in common law countries
10
1.2German concept of "fair trial"
11
1.3The concept of "fair trial" in the Polish legal system
13
2
The principle of "equality of arms" as a significant element of the notion of "fair trial" developed by the European Court of Human Rights
17
2.1The formal scope of application of the concept of "fair trial"
17
2.2Relationship between Article 6 paragraph 1 and the standard of minimum guarantees provided for the accused person in Article 6 paragraphs 2 and 3 of the Convention
22
2.3"Equality of arms" under Article 6 of the Conventions
23
3
The principle of "equality of arms" and the rights of witnesses in criminal procedure
33
3.1The notion of an anonymous witness
34
3.2The European Court on anonymous witnesses
39
4
"Equality of arms" in different models of criminal procedure in Europe
43
4.1The scope of application of the principle in adversary criminal justice in common law countries
43
4.2Criminal procedure and the principle of "equality of arms" in Poland and Germany
45
4.3"Equality of arms" - philosophical concept or reality?
50
5
Conclusions - the case law related to Article 6 of the European Convention on Human Rights as creation of a new standard or rights in criminal procedure
51