Avoiding a Full Criminal Trial, 1st ed. 2016
Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings

International Criminal Justice Series, Vol. 8

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Language: English

168.79 €

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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.

Full Criminal Proceedings in Decline.- Diversions, Shortcuts and the Concept of Fairness.- Diversions and Shortcuts in Dutch Law of Criminal Procedure.- Diversions and Shortcuts in the Law of International Criminal Procedure.- Avoiding a Full Criminal Trial: Evading Fairness?.- Why Fairness Matters.

Illustrates the growing tendency of out-of-court criminal law enforcement

Provides a human rights based normative framework to assess the legitimacy of diverted and shortened proceedings

Assesses the rise of out-of-court settlements in criminal proceedings in a critical manner

Includes supplementary material: sn.pub/extras